The Texas Commission on Environmental Quality (TCEQ) is
responsible for conducting Section 401 certification reviews of
U.S. Army Corps of Engineers Section 404 permit applications for
the discharge of dredged or fill material into
waters of the United States
(U.S.), including wetlands. The TCEQ is the lead state agency that
administers the Section 401 certification program in Texas except
with respect to oil and gas exploration, which is the
responsibility of the Railroad Commission of
Texas. The purpose of these certification reviews
is to determine whether a proposed discharge will comply with state
water quality standards.
Types of 401 Certifications
Tier I
Projects
Forms and information for projects that are less than 1,500
linear feet of stream, 3 acres of waters of the US (or a
combination of the two) and do not affect
rare and ecologically significant wetlands.
Tier II
Projects
The form for a project which affects ecologically significant
wetlands of any size, are greater than 1,500 linear feet of stream,
are greater than 3 acres of water of the US, or otherwise not
appropriate for Tier I reviews.
Nationwide
Permits
Forms and information for projects that affect small areas of
waters of the US and are for specific activities.
