Rural and regional water systems are organic. They are a living entity, changing and growing with varying degrees of frequency. Demand may outpace supply. Systems are expanded. Infrastructure is replaced. New water sources are added. Though sometimes overlooked in the drive to make system improvements, construction permit applications are required in most states from a variety of regulatory agencies.

Lack of proper permitting can stop a project in its tracks. Every improvement, whether costing $100,000 or $100,000,000, requires a permit. And it takes time. Knowing the who, what, when, where and how can really pay off by avoiding unnecessary delays to construction. Even so, plan on 60 to 90 days for a typical construction permit.

Permits are needed before constructing virtually any improvements to the system, including water lines, storage facilities, treatment plants or water supply wells.

Typically, a state agency charged with protecting the environment will issue the construction permit. The particular agency, or what it is called, varies by state. In some states, it may be a Department of Natural Resources, for example. In another state it might be a Department of Health and Environment. Either way, the agency will need to review the preliminary engineering report, plans and specifications to confirm that the project complies with minimum requirements.

These documents must be submitted and then reviewed by the agency’s staff engineers. Systems need to build the typical two-to-three month review time into their project schedule. This can be a problem for smaller projects where there might be pressure to
move the project forward.

Depending on the circumstances of the improvement, other permits might be required. For example, a U.S. Army Corps of Engineers permit is needed if the project falls under its jurisdictions marked on a U.S. Geological Survey topographic map. The review process might take 30 to 60 days, and the permit will be good for a specific period of time, often two years from the date of determination. The owner may also be required to certify that the disturbed stream bed and banks have been put back to their original condition.  Army Corps of Engineers permitting can be avoided if no open cut construction occurs; so many systems consider directional boring to cross the streams in question, saving the time of a Corps review.

Permits may be required to cross state and county roads. Agencies involved may or may not allow open cutting, even on gravel roads. Even if directional boring is used to go under the road, encasement of the line will probably be required or warranted.

If federal funds are used for the project, further permitting will be required. A number of agencies may be involved. One system project with USDA Rural Development funding required reviews by Department of Interior Fish and Wildlife Service, State Office of Administration, DNR Division of Geology and Land Survey, DNR State Historic Preservation Officer, Corps of Engineers, DNR Division of State Parks, and State Department of Conservation. These reviews may result in construction being restricted to certain times of the year or techniques.

So sweat the details. Being aware of permitting requirements will avoid potentially costly project delays.