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Latest News

  • 31 October 2016 - The U.S. Army Corps of Engineers announced today the issuance of a new Regulatory Guidance Letter (RGL) 16-01 regarding "Jurisdictional Determinations." The RGL explains the differences between approved and preliminary jurisdictional determinations (JDs) and provides guidance to the field and the regulated public on when it may be appropriate to issue an AJD as opposed to a PJD, or when it may be appropriate to not prepare any JD whatsoever. The Corps reaffirms its commitment to continue its practice of providing JDs when requested to do so, consistent with the guidance in the RGL. The RGL is available here and a set of Questions and Answers and other supporting information can be found here.
  • 1 June 2016 -- The U.S. Army Corps of Engineers (USACE) announced today it is seeking comments on its proposal to renew and revise 50 nationwide permits for work in wetlands and other waters that are regulated by Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899.  The proposed set of revised nationwide permits was published in the June 1, 2016, issue of the Federal Register.  USACE will accept written comments for a 60-day period that ends on August 1, 2016.  Comments may be submitted by e-mail to:  NWP2017@usace.army.mil or through the Federal eRulemaking portal at docket number COE-2015-0017. The current set of nationwide permits expires on March 18, 2017.
  • 20 May 2016 - The U.S. Army Corps of Engineers (USACE) announced today that it has prepared its proposal to renew and revise 50 nationwide permits. In addition, USACE will propose to issue two new nationwide permits that pertain to authorizing the removal of low-head dams and the construction and maintenance of living shorelines. A pre-publication copy of the proposal is available here. The proposal is scheduled to be published in the Federal Register in a few days. The public comment period will not begin until the proposal is published in the Federal Register.
  • 18 Apr 2016  - The U.S. Army Corps of Engineers, as part of an interagency effort with the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, and the U.S. Department of Agriculture - Natural Resources Conservation Service, published the final biennial update to the National Wetland Plant List (NWPL) in the federal register.  All comments have been evaluated and final indicator statuses have been set. The 2016 NWPL list will become effective on 1 May 2016. For more information click here.
  • 2 November 2015 - The U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency issued a report examining the implementation of the 2008 regulations governing compensatory mitigation offsetting losses of jurisdictional waters and wetlands authorized by Department of the Army permits.  This retrospective focuses on the administrative aspects of executing the 2008 Mitigation Rule, and it examines five years of summary data on permitted impacts, compensatory mitigation requirements, and approvals of mitigation banks and in-lieu fee programs.  For more information click here.
  • 9 October 2015 - the Sixth Circuit issued an order staying the new Clean Water Rule nationwide, pending a determination by the court on jurisdiction to review the rule.  Thus, the Clean Water Rule is stayed, and the prior 1986 regulations are in effect nationwide. USACE and EPA are evaluating the order and its implications for the litigation that is currently pending in district courts.  In the meantime, USACE is not implementing the Clean Water Rule, and is using the 1986 regulations and applicable guidance (those in effect prior to August 28, 2015) in making jurisdictional determinations or taking other actions based on the definition of "waters of the United States."
  • 14 Sep 2015 - The U.S. Army Corps of Engineers, as part of an interagency effort with the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, and the U.S. Department of Agriculture - Natural Resources Conservation Service, announces the proposed annual update to the National Wetland Plant List (NWPL) for 2015 in the Federal Register.  In addition to commenting on the proposed updates, the public will also be provided the opportunity to comment on the proposed process for future updates to the NWPL, which includes a proposed timeline for future updates on a biennial cycle.  Comments are requested to provided via the NWPL website (located under NWPL Publications/Documents, Wetland Ratings, Proposed FR NWPL 2015 Update section) by 13 November 2015.  For more information click here.
  • 18 August 2015 - On January 30, 2015, the President issued Executive Order (EO) 13690: Establishing of a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input. The EO amends existing EO 11988: Floodplain Management originally issued in 1977, to include the Federal Flood Risk Management Standard (FFRMS). Once implemented, the FFRMS will assist in reducing the risk and cost of future flood disasters by ensuring that Federal investments in and affecting floodplains are constructed to better withstand the impacts of flooding. Frequently asked questions were received regarding the intended scope of the President’s FFRMS and the anticipated impacts to the USACE Regulatory Program. The Applicability of Floodplain Management and FFRMS Executive Orders to USACE Permitting Authorities was developed to provide clarification in this regard.
  • 29 January 2015Memorandum withdrawing the 25 Mar 2014 Interpretative Rule Regarding the Applicability of Clean Water Act Section 404(f)(l)(A). For additional information click here.
  • 3 December 2014 - The U.S. Army Corps of Engineers has received a final biological opinion from National Oceanic and Atmospheric Administration Fisheries on the USACE nationwide permits that were reissued on Feb. 13, 2012, and went into effect on March 19, 2012. The biological opinion was issued on Nov. 24, 2014, and it concludes the re-initiated programmatic consultation on the Endangered Species Act that began in July 2012 between the two agencies. To view the biological opinion click here. For more general information click here.   

Regulatory (Permits)

Man and woman checking soil conditions
The Department of the Army Regulatory Program is one of the oldest in the Federal Government. Initially it served a fairly simple, straightforward purpose: to protect and maintain the navigable capacity of the nation's waters. Time, changing public needs, evolving policy, case law, and new statutory mandates have changed the complexion of the program, adding to its breadth, complexity, and authority.

The Regulatory Program is committed to protecting the Nation's aquatic resources and navigation capacity, while allowing reasonable development through fair and balanced decisions.  The Corps evaluates permit applications for essentially all construction activities that occur in the Nation's waters, including wetlands.