Information

All tide gate repair or replacement projects must meet regulatory requirements and secure permits prior to beginning construction. The regulatory review and permitting process can be challenging and time-consuming. To navigate the process, the following resources are available.

Regulatory Process Maps

The Regulatory Process Maps outline the roles and responsibilities of the landowner, permitting agencies, and others, and include expected outcomes. The process maps are available in two versions. The Landowner Process Map (see below also) can be used by tide gate owners to more fully understand the actions and decisions needed to permit a tide gate project. The Full Regulatory Process Map (see below also) outlines all of the major steps of each agency’s regulatory processes.

Additional Resources

Download a PDF version of Tide Gate Partnership Landowner Process Map

Download PDF

Landowner Steps for Regulatory Process

Step 1
Initial Contact and Pre-Project Information

Landowner contacts tide gate coordinator or another local technical assistance provider (watershed council, SWCD, etc.) to initiate the conversation about a tide gate repair/replacement. At this time, the tide gate coordinator will provide the landowner with the initial information to consider including potential funding and technical, and cultural resources. At the same time, agencies will begin pre-project consultation to better understand the project location and details.

Step 2
Team Activation and Pre-Project Assessment

The landowner will complete a pre-project information form provided by the Tide gate coordinator that will be shared with the agencies to provide a summary of the project.

Tide gate coordinator works with landowner and agencies to set up site visit. Tide gate coordinator provides information to the agencies to prepare for site visit and determines which agencies need to participate.

Step 3
Site Visit or other Assessment

Tide gate coordinator facilitates the site visit with both the landowner and the agencies. The landowner may also want to include a technical assistance provider, engineer, or other consultants. Landowner shares goals, agencies discuss regulatory pathway options.

Following the site visit, agencies will provide a joint written response to the landowner outlining which regulations are likely to be triggered by the project and options to move forward.

Step 4
Landowner Options and Decisions

Landowner engages engineer, technical assistance provider or other consultant to explore tide gate designs that achieve their goals and regulatory requirements.

The landowner may also consider ways to improve the habitat value of the project to be eligible for grant programs and begin work with the local technical assistance provider to apply for grants. Landowner informs agencies of the approach they would like to pursue, which determines the regulatory pathway outlined in Step 7.

Step 5
Final Project Design & Permit Preparation

If the landowner has hired an engineer/consultant, the landowner works to develop and finalize the tide gate design that will achieve landowner goals and regulatory requirements. In coordination with the agency technical team, the landowner prepares a water management plan as appropriate. Working with the tide gate coordinator or local technical assistance provider the landowner prepares permit applications and associated documents.

Step 6
Permit Application, Submittal & Review

Landowner coordinates with tide gate coordinator or other local technical assistance providers to submit permit applications. Agencies review permit applications for completeness and determine whether applications can be reviewed through streamlined programmatic consultation/permit or will need an individual consultation/permit. Consultation is initiated with agencies.

Step 7a or 7b
Programmatic or Individual Consultation

Step 7a Programmatic Consultation (<30 days): Agencies review permit application for consistency and to ensure all regulatory requirements have been met. Agencies may have additional questions for the landowner.

Step 7b Individual Consultation (135 days): NOAA writes biological opinion with conditions and monitoring requirements. Agencies review the permit application to ensure regulatory requirements are met. Agencies may have additional questions for the landowner.

Step 8
Permit Issued, Project Implementation & Compliance

Agencies make permit issuance decisions. Landowner implements project in accordance with permit conditions. Once the project is complete, landowner completes compliance monitoring/reporting and implements water management plan.

Download a PDF version of Tide Gate Partnership Regulatory Full Process Map

Download PDF

Landowner Steps for Regulatory Process

Step 1
INITITAL CONTACT & PRE-PROJECT INFO

LANDOWNER

  1. Make initial contact with Tide Gate Coordinator (TGC) (or local, state, federal contact) to inquire about potential action.
  2. Complete Pre-Project Information Form and submit to TGC.

TIDE GATE COORDINATOR

  1. Provide landowner with information to consider:

• Project funding options (grants and loans)
• Hiring for engineering services
• Cultural resource needs, including early consultation with SHPO

AGENCIES

  1. Participate in pre-project consultation.

STEP 1 OUTCOME

• Landowner opportunity to discuss potential action with TGC and regulatory agencies.
• Landowner completes and submits Pre-Project Information Form to TGC.

 

Step 2
TEAM ACTIVATION & PRE-PROJECT ASSESSMENT

LANDOWNER

  1. Work with TGC to schedule a site visit.

TIDE GATE COORDINATOR

  1. Distribute Pre-Project Information Form to agencies for review and activate the project team.
  2. Work with landowner to schedule site visit.

AGENCIES

  1. Review preliminary project information to inform whether a site visit or other assessment approach is appropriate.
  2. Determine which local, state, and federal regulations may apply to the potential activity.

STEP 2 OUTCOMES

• Agency notification of interest in the tide gate project.
• Activation of tide gate team typically includes:

• Tide Gate Coordinator (TGC)
• Oregon Dept. of Fish and Wildlife (ODFW)
• National Marine Fisheries Service (NMFS)
• Department of State Lands (DSL)
• Army Corps of Engineers (ACOE)
• State Historic Preservation Office (SHPO)
• Others (county, other agencies)

Step 3
SITE VISIT OR OTHER ASSESSMENT

LANDOWNER

  1. Participates in site visit or other assessment approach, as appropriate. If a consultant has been hired, the landowner should invite them to participate in the site visit.

TIDE GATE COORDINATOR

  1. Attends and coordinates site visit in accordance with Site Visit Protocol.

AGENCIES

  1. Attend site visit.
  2. After site visit, agency team provides comments/recommendations to TGC to compile in Joint Written Response to landowner.

STEP 3 OUTCOMES

  • Landowner shares goals & learns regulatory pathway options, initial design options, and clarity on next steps, including appropriate funding options.
  • Agencies learn about the tide gate and landowner goals
  • Joint written response to landowner that document the regulatory nexus and triggers, compliance pathways, and options for next steps.
Step 4
LANDOWNER OPTIONS, & DECISIONS

LANDOWNER

  1. Works with engineer/consultant to explore tide gate design concepts that consider landowner goals, conservation benefits, funding options, consultation pathways, and incentives/disincentives to various approaches.
  2. Decides and informs agency team of which regulatory pathway they would like to pursue, Programmatic or Individual.

AGENCIES

Respond to landowner questions, if requested.

STEP 4 OUTCOME

• Landowner makes the final decision on the project design that they will pursue and works with the TGC and engineer/consultant to:

1) Pursue and confirm funding strategy, including applying for grant funds, if needed.
2) Begin to prepare permit applications and associated documents.

Step 5
FINAL PROJECT DESIGN & PERMIT PREPARATION

LANDOWNER

  1. Works with engineer/consultant to develop a tide gate design that meets all agency requirements and landowner goals, including fish passage approval, water management plan development, and acceptable inundation levels.
  2. Works with engineer/consultant and TGC to prepare permit applications and associated documents.

TIDE GATE COORDINATOR*

  1. Assists landowner in the coordination of permit consultation, tide gate design, and preparing information sufficient to apply for project permits

AGENCIES

  1. Respond to landowner questions, if requested.

STEP 5 OUTCOMES

• Tide gate engineering design sufficient to submit for permit approval.
• Permit applications and associated documents prepared with sufficient information to submit for review and approval.

Step 6
PERMIT APPLICATION SUBMITTAL & REVIEW

LANDOWNER

  1. Submits an application to ODFW for Fish Passage approval.
  2. Submits Joint Permit Application.
  3. Responds to questions and provides additional information, if requested.

TIDE GATE COORDINATOR

  1. Assists landowner with application submittal process.

AGENCIES

  1. Agencies review permit applications for completeness.
  2. Based on project design, agencies make consultation pathway determination and inform landowner as to whether the project will require an individual consultation or will utilize the TARP programmatic consultation process.

STEP 6 OUTCOMES

• Determination of application completeness, consultation pathway, and permit pathway for project.
• ODFW Fish Passage determination.
• Formal consultation is initiated.

CONSULATION

AGENCY CONSULTATION & PERMIT PATHWAY DECISION

Based on the project application review, agencies determine the appropriate agency consultation and the permit pathway.

Programmatic Consultation

or

Individual Consultation

Step 7a
PROGRAMMATIC (TARP) CONSULTATION (<30 DAYS)

LANDOWNER / TIDE GATE COORDINATOR

  1. Responds to questions and provides additional information, if requested

AGENCIES

  1. Agencies review permit application for consistency and to ensure all regulatory requirements have been met.
  2. When all requirements have been met, agencies make permit decision.

STEP 7a OUTCOMES

• Consultation complete & permit decision made

Step 7b
INDIVIDUAL CONSULTATION (135 DAYS)

LANDOWNER /TIDE GATE COORDINATOR

  1. Responds to questions and provides additional information if requested.

AGENCIES

  1. NMFS writes Biological Opinion, includes conditions and monitoring requirements.
  2. Agencies review permit application to ensure all regulatory requirements are met.
  3. When all requirements have been met, agencies make permit decision.

STEP 7b OUTCOMES

• Consultation complete & permit decision made

Step 8
PERMIT ISSUED, PROJECT IMPLEMENTATION & COMPLIANCE MONITORING

LANDOWNER

  1. Implement project in accordance with permit conditions.
  2. Once project is complete, conduct compliance monitoring in accordance with permit conditions.

AGENCIES

  1. Issue permit approvals for project implementation.
  2. Track project implementation and compliance monitoring

STEP 8 OUTCOMES

  • Project implemented
  • Monitoring completed

Download a PDF version of the Agency Review Process Map

Download PDF