Environmental Permits

Environmental Permits regulate activities on the Reservation to protect air and water quality, fish and wildlife habitat and the health and welfare of Tribal Citizens and Reservation residents. DEP administers and/or issues CWA 401 Water Quality Certifications and provides technical advice on other Tribal Environmental Permits:

• CWA 401 Water Quality Certification: Water quality certifications are required for work in or over the Swinomish Regulated Surface Waters to ensure effects to the waters do not harm the environment or fish and wildlife and are required in conjunction with U.S. Army Corp of Engineers or other Federal permits. Before submitting your application, you must submit a pre-filing meeting request at least 30 days prior. See details of the revised process below.

Notice of Section 401 Water Quality Certification Request Submittal Process:

The U.S. Environmental Protection Agency published its Clean Water Act Section 401 Certification Rule in the Federal Register on September 27, 2023 (88 FR 66558). It became effective on November 27, 2023. This is referred to as the ‘2023 Rule’ and remains current regulatory policy as of March 2026. 

The rule requires that the project proponent follow these steps:

1. Request a pre-filing meeting with Swinomish Department of Environmental  Protection (DEP) at least 30 days before submitting a Section 401 water quality certification request unless the requirement is waived or shortened. Please note that a meeting may not be determined to be necessary and you may not receive a response.
2. A minimum of 30 days after submitting the pre-filing request, project proponents  may submit a Section 401 water quality certification application. 

Please contact Shannon Stewart with any questions at dep [at] swinomish.nsn.us (dep[at]swinomish[dot]nsn[dot]us).

When submitting Section 401 water quality certification applications, please ensure that they satisfy the following requirements of 40 CFR § 121.5 and Swinomish Tribal Code 19-06:

1. The name, address, and phone number of the applicant, and, at the Department’s discretion, the name, address, and phone number of other persons involved with the activity;
2. The names and addresses of immediately adjacent property owners or lessees;
3. A map showing the location of the proposed activity and the location of Regulated Surface Waters which will or may be affected by the activity;
4. An exhibit complying with 40 C.F.R. § 121.5, which contains:
   1. A description of the proposed activity and of any discharge into Regulated Surface Waters which will or may result from the conduct of the activity, including the biological, chemical, thermal, and other characteristics of the discharge, and the location or locations at which such discharge may enter Regulated Surface Waters;
   2. A description of the function and operation of equipment or facilities to treat pollutants which will or may be discharged as a result of the activity, including specification of the degree of treatment expected to be attained;
   3. The date or dates on which the activity will begin and end, if known, and the date or dates on which a discharge will or may take place;
   4. A description of the methods and means being used or proposed to monitor the quality and characteristics of the discharge and the operation of equipment or facilities employed in the treatment or control of pollutants;
5. The certification fee as set forth in the fee schedule;
6. A site plan and description of the basic design of the activity, and, if applicable, estimates of the cost of construction;
7. Copies of any environmental assessments, environmental impact statements, or other environmental review documents relating to the proposed activity;
8. Copies of any Federal, Tribal, or state or local permits issued, or permit applications submitted, in connection with the proposed activity;
9. Copies of any public notice, supporting information, or decisions issued by Federal, Tribal, or state or local licensing or permitting agency for the proposed activity; and
10. Documentation that a pre-filing meeting request was submitted to the certifying authority in accordance with applicable submission procedures, unless the pre-filing meeting request requirement was waived.
11. The signature of the applicant.

All of the above are included in our Section 401 water quality certification application.

For further information: Overview of CWA Section 401 Certification 

Other environmental permits that DEP may provide technical advise to Planning & Permitting:

• Burn Permit Application: Burn Permits protect air quality and reduce wildfire danger. They are required for any open fires four feet or more in diameter and are further restricted during burn bans. Burn Bans may be declared during periods of impaired air quality, such as inversions, or during conditions of high fire danger.  During a regular burn ban the only open fires allowed are for cooking or recreation within a fire ring less than three feet in diameter.  During a declaration of severe conditions for air quality or fire danger all open fires, including cooking and recreational fires, and wood stove use except in homes where they are the primary heating source, may be restricted.
   
• Land Clearing Permit Application: Land Clearing permits are required for clearing vegetation or timber harvest activities covering an acre or more.
   
• On-Site Septic Permit Application: On-site Septic permits provide review of the location, soils and design of these systems and are require prior to installation of new septic systems.  The reviews are done in conjunction with the Tribal Health Inspector.
   
• Shorelines & Sensitive Areas Permit Application: Shoreline and Sensitive Areas (SSA) permits regulate activities within 200 ft of the shoreline as well as within designated sensitive areas and their buffers. Such sensitive areas include wetlands, streams, eagle nests and certain areas critical for fish or wildlife habitat. Activities requiring permits include tree removal, building or modifying structures and most development or surface modification.
   
• TEPA Environmental Checklist: Tribal Environmental Protection Act (TEPA) Checklist.  This form, which must be completed for any project with potential impacts to the environment, provides information for environmental review and allows determination if impacts are significant and require additional environmental impact studies.