Program updates
Certification Fee increase beginning July 1, 2026
The Environmental Quality Commission adopted rules to increase 401 water quality fees by up to 23 percent starting July 1, 2026, for fiscal year 2026, as provided in ORS 468B.051. The fee increase is essential to support the 401 Program and sustain current service levels. More information can be found under DEQ's Adopted Rules page.
401 Dredge and Fill fees effective July 1, 2026
DEQ will assign projects to one of five tiers, and invoice based on that tier.
- Tier 1 - $1,284
- Tier 2A - $5,614
- Tier 2B - $15,795
- Tier 3 - $23,200
- Tier 4 - $18,293 per month
Program overview The 401 Water Quality Certification Program reviews and evaluates the water quality impacts of projects which require a federal permit or license to conduct any activity that may result in a discharge (including dredge and fill material) in waters of the United States under Section 401 of the Clean Water Act.
Section 401 of the Clean Water gives states and Tribes the authority to issue state water quality certifications for projects that require a federal license or permit that may result in a discharge to waters of the United States. The certification requires that the discharge will comply with applicable provisions of the Clean Water Act, including state water quality standards. Oregon's water quality standards specify the designated use of a waterbody (e.g., for water supply or recreation), pollutant limits necessary to protect the designated use (in the form of numeric or narrative criteria), and policies to ensure that existing water uses will not be degraded by pollutant discharges.
The federal permit or license cannot be issued until a 401 Water Quality Certification is received.
Permit types
Standard water quality certifications are for projects receiving a U.S. Army Corps of Engineers Individual Permit, or projects DEQ has denied an expedited review. The certifications have both general and project-specific conditions to ensure that the project can meet state water quality standards. These projects are assessed a review fee based on project complexity and anticipated review time. Projects that have new or an increase in impervious surface must submit a post-construction stormwater management plan for review and approval from DEQ prior to the start of the project. Additionally, a Land Use Compatibility Statement approved by the local land use authority is required to be submitted.
Expedited water quality certifications are for projects that qualify for a U.S. Army Corps of Engineers Nationwide Permit. Most expedited certification reviews qualify for a Tier 1 DEQ review fee. Projects that have new or an increase in impervious surface must submit a post-construction stormwater management plan for review and approval from DEQ prior to the start of the project. Additionally, a Land Use Compatibility Statement approved by the local land use authority is required to be submitted.
Regional General Permits are developed for projects with recurring activities at a regional level that have impacts to a specific geographic area. DEQ currently has 401 pre-approval in place for U.S. Army Corps of Engineers Regional Permit, or RGP-4. A 401 Water Quality Certification must be requested directly from DEQ for a Regional Permit 6, or RGP-6. Current Regional General Permits, or RGPs, can be found on the U.S. Army Corps of Engineers Portland District website.
Longstanding state law-based protections of waters of the state remain in place and DEQ will continue to use available state-based regulatory tools to ensure protections. DEQ will continue to implement regulatory programs and issue water quality certifications for projects seeking federal Clean Water Act 404 permits.
Given the change in federal law, for projects impacting only state jurisdictional wetlands and waters and undergoing a removal-fill permit review with the Oregon Department of State Lands, DEQ offers a Mutual Agreement and Order for projects which would impact waters of the state but no longer impact federally jurisdictional waters.
- Submit a Mutual Agreement and Order application to: 401applications@deq.oregon.gov. The application should include:
- Joint Permit Application
- U.S. Army Corps of Engineers Approved Jurisdictional Determination
- Local land use approval (Section 11 of the Joint Permit Application)
- Post-construction stormwater management plan if impervious surface is proposed in the project design
Reducing impacts to water quality
The 401 Water Quality Certification has several tools available to ensure that a project meets state water quality standards. It includes conditions that require the applicant to follow certain best management practices and perform monitoring to ensure that water quality standards are met. If there are unavoidable impacts to waterways and/or wetlands, projects are required to provide mitigation for the loss of water quality functions. Applicants may either submit a mitigation plan or purchase mitigation credits from an approved mitigation bank.
Regulatory authority
Regulatory authority is given to states and tribes directly through Section 401 of the Clean Water Act. Oregon Revised Statutes 468 and 468B contain the codified body of statutory law that pertains to environmental quality and water quality for DEQ. Oregon Administrative Rules build upon Oregon Revised Statutes. Oregon Administrative Rule Chapter 340 Division 48, provides information specific to the 401 Water Quality Certification program. State water quality standards are outlined in Oregon Administrative Rule Chapter 340 Division 41. Projects authorized under a 401 Water Quality Certification must meet these standards.