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  • 8 February 2017 - An exception from the regulatory freeze was granted by the Office of Management and Budget’s Office of Information and Regulatory Affairs for the 2017 nationwide permits, which were published in the Federal Register on Jan. 6, 2017 (82 FR 1860). The final rule for the issuance of the 2017 nationwide permits was subject to the Jan. 20, 2017, White House Chief of Staff memorandum entitled “Regulatory Freeze Pending Review.” The U.S. Army Corps of Engineers submitted documentation on Feb. 7 to the Office of Management and Budget to ask that that the 2017 nationwide permits be excepted from the regulatory freeze. The 2017 nationwide permits will go into effect on March 19, 2017, as originally scheduled.
  • 6 January 2017 - The U.S. Army Corps of Engineers (USACE) announced today revised and renewed nationwide permits (NWPs) necessary for work in streams, wetlands and other waters of the United States under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899.  The new NWPs will take effect March 19, 2017, and replace the existing permits, which expire on March 18, 2017.  More information available here.
  • 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.

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.