ARAP stands for Aquatic Resource Alteration Permit. The ARAP program is one of the primary ways that the state of Tennessee protects water quality for the benefit of Tennesseans.
The ARAP Program
ARAP is the acronym for the Aquatic Resource Alteration Permit, one of Tennessee’s most important environmental regulatory programs. The program is administered by the Tennessee Department of Environment and Conservation (TDEC) and regulates physical alterations to waters of the state.
The basis of the program is the ARAP Rule. The program establishes a framework for Tennessee to implement the TN Water Quality Control Act of 1971 and the state’s responsibilities under federal water quality regulations. Through ARAP, TDEC evaluates proposed alterations to waters of the state to prevent pollution or loss of use, as required by the law.
Three Types of Coverage
There are three main types of coverage under the ARAP program. The law and rule require TDEC to consider specific types of scientific, economic, and sociological information to determine whether or not an alteration can be authorized.
- Individual Permit
This is the standard coverage. It’s the most complex of the three types, because it requires consideration of all the required factors and a period of public notice. Individual permits are evaluated and issued out of the TDEC Central Office by the Natural Resources Unit (NRU).
- General Permit
A general permit is a categorical permit for a common type of alteration. TDEC currently has twenty general permits, which are technically pre-issued statewide individual permits. TDEC issues each general permit “generally” for the whole state, and then specifically extends coverage to the approved applicants. The general permits are issued for the most common, most essential, and often minimally impactful alterations. Since TDEC does a lot of the permitting work up front, including the public notice, the applicants enjoy a less intensive permitting process.
- No-notification Coverage
Technically, this type of coverage is not a “permit”. Typically, the alterations authorized under no-notification coverage are so essential or so minimally impactful that no project review is required. So, a permit application is not required for this type of coverage.
Many of the general permits include a section describing alterations which qualify for this type of coverage. Additionally, certain activities and alterations are explicitly authorized by exemption from permitting under the law.
HOWEVER, multiple conditions apply. For both the legally exempted activities and the no-notification coverage in each general permit, conditions are set which the property owners must follow or else violate the law. It is important to be sure that an activity qualifies for this type of coverage BEFORE starting any related work.
Who Needs ARAP Coverage
Anyone seeking to make an alteration to a water of the state (think streams, rivers, lakes, and wetlands) needs authorization under ARAP, prior to starting that alteration.
How Do You Get Started
- Determine Jurisdictional Status
First, you need to determine if you are proposing an alteration to waters of the state. Most waters, but not all, are jurisdictional and regulated as “waters of the state”. TDEC has science-based methodologies for determining which waters are regulated. - Determine Needed Coverage
Once you know you’re altering regulated waters, you’ll need to determine which type of coverage is required based on the proposed alterations. - Submit an Application
If you need a general or individual permit, you’ll have to submit an application so TDEC can formally review your proposal to issue authorization. The application form is the same for either permit, but there are some sections of the application you can skip if you don’t need an individual permit. - Complete Application Process
Once you submit a complete application, TDEC will review your proposal, work with you to address any questions or concerns, and then potentially issue coverage. If you need an individual permit, you’ll have to complete a public notice period (usually 30-days) before TDEC issues the final permit.
Need Help?
The ARAP program is one of the most important environmental programs in Tennessee, because everything good about Tennessee depends on our water. The permitting process can be complicated, but you don’t have to navigate it alone. Depending on which stage of the process you’re in, you have multiple options for assistance.
- Local TDEC Environmental Field Office
TDEC has numerous offices across the state to help Tennesseans navigate the regulatory programs. You can find your closest field office and phone numbers for the main office reception line at this link –> (TDEC Field Offices) - Environmental Consultant
If you need someone to conduct one of the required scientific assessments or to complete your application for you, you can hire an environmental consultant. You can find consultants online using the related program and assessment keywords. It’s usually not necessary to hire the most expensive consultant, but it can be worthwhile to avoid hiring the least expensive. - TN Environmental
Whether you’re planning to hire a consultant or handle your permitting yourself, TN Environmental is here to help you navigate the process with clarity and confidence!
Check out our ARAP resources page here, (ARAP Program – TN Environmental) and don’t forget to join our email list. We’ll send updates straight to your inbox, so you’ll always know when we’re launching a new helpful post or resource. When you subscribe, you’ll get a free 18-page guide to Step #1 for ARAP–jurisdictional determinations. If you’re ready to get started, you can get your copy here! –> (ARI Booklet – TN Environmental)