HEADQUARTERS

Home
Home > Missions > Civil Works > Regulatory Program and Permits

Latest News

  • August 28, 2015 - Since publication of the rule in the Federal Register, numerous lawsuits were filed challenging the regulation, and several parties sought preliminary injunctions to delay implementation of the rule.  On August 27, 2015, United States District Courts in Georgia and West Virginia agreed with the Agencies that legal challenges to the Rule could only be brought in the United States Court of Appeals for the 6th Circuit and therefore denied the requests for preliminary injunction.  However, the District Court for North Dakota found that it had jurisdiction and granted the request of a number of States and issued a decision preliminarily enjoining the Clean Water Rule.

    Under the order issued by the District Court of North Dakota, the parties that obtained the preliminary injunction are not subject to the new rule, and instead continue to be subject to the prior regulation.  In light of the order, EPA and the Army Corps of Engineers will continue to implement the prior regulation in the following States:  Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, South Dakota, and Wyoming.

    In all other States, the new Clean Water Rule is effective on August 28.

  • 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.
  • 17 August 2015 - EPA and the U.S. Army Corps of Engineers released the second set of "Questions and Answers" regarding implementation of the Clean Water Rule, which is effective on 28 August 2015.  The agencies will periodically update these "Questions and Answers" as experience with the rule grows.  For the second set of "Questions and Answers" click here.
  • 31 July 2015 - EPA and the U.S. Army Corps of Engineers released the first set of "Questions and Answers" regarding implementation of the Clean Water Rule, which is effective on 28 August 2015.  The agencies will periodically update these "Questions and Answers" as experience with the rule grows.  For the first set of "Questions and Answers" click here.
  • 29 Jun 2015 - Federal Register Notice Announcing the Clean Water Rule: Definition of Waters of the United States.  The effective date for the Clean Water Rule will be 28 Aug 2015.
  • 27 May 2015 - The Office of the Assistant Secretary of the Army for Civil Works and the U.S. Environmental Protection Agency have announced the release of the Clean Water Act Rule.
    Prepublication Version of the Final Rule
    EPA-Army Technical Support Document for the Clean Water Rule: Definition of Waters of the United States
    -  EPA-Army Final Clean Water Rule Economic Analysis
    Additional information can be found by clicking here.
  • 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.
  • 6 November 2014 -  The U.S. Army Corps of Engineers has established a streamlined process to request an evaluation of the wetland rating for plants on the National Wetland Plant List (NWPL).  A request can be completed by submitting an online questionnaire on the NWPL website between 10 November 2014 and 31 January 2015.  For additional 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, while allowing reasonable development through fair, flexible and balanced permit decisions. The Corps evaluates permit applications for essentially all construction activities that occur in the Nation's waters, including wetlands.