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  • 7 January 2019 - EPA and Army Postpone Public Hearing on Proposed New "Waters of the United States" Definition
    Due to the lapse in appropriations for the U.S. Environmental Protection Agency (EPA), EPA and the Department of the Army (Army) have postponed the planned January 23 public hearing on the proposed new "Waters of the United States" definition until after appropriations have passed to fund the EPA. Publication of the proposed rule in the Federal Register is also postponed. Information on the status of the public hearing will be posted on the EPA website at https://www.epa.gov/wotus-rule/epa-and-army-postpone-public-hearing-proposed-new-waters-united-states-definition.
  • 11 December 2018 - EPA and Army Propose New "Waters of the United States" Definition
    The U.S. Environmental Protection Agency and the Department of the Army have proposed a new definition of "waters of the United States" that clarifies federal authority under the Clean Water Act.  The agencies' proposal is the second step in a two-step process to review and revise the definition of "waters of the United States" consistent with the February 2017 Presidential Executive Order entitled "Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the 'Waters of the United States' Rule."  The agencies will take comment on the proposal for 60 days after publication in the Federal Register. EPA and the Army will also hold an informational webcast on January 10, 2019, and will host a listening session on the proposed rule in Kansas City, KS, on January 23, 2019.  More information including a pre-publication version of the Federal Register notice, the supporting analyses and fact sheets are available at: https://www.epa.gov/wotus-rule/step-two-revise and https://www.epa.gov/wotus-rule.
  • 2 October 2018 - Regulatory Guidance Letter 18-01
    (Compensatory mitigation credits for removal of obsolete dams and other structures from rivers and streams)

    The Assistant Secretary of the Army for Civil Works has announced the issuance of the USACE Regulatory Guidance Letter (RGL) 18-01. This RGL provides guidance to USACE district engineers on the factors they should consider when determining the amount of compensatory mitigation credit generated from the removal of obsolete dams or other structures to restore rivers and streams.
  • 16 August 2018 - Definition of "Waters of the United States":
    Rule Status and Litigation Update

    The EPA and the Army continue to review the U.S. District Court for the District of South Carolina’s decision to vacate and nationally enjoin the agencies’ final rule that added an applicability date to the 2015 Clean Water Rule. Pursuant to the court’s order, the 2015 Clean Water Rule is now in effect in 22 states, the District of Columbia and the U.S. territories. Parties to the case, including the EPA and the Army, have filed motions appealing the order and seeking a stay of the district court’s decision. While the litigation continues, the agencies are complying with the district court’s order, and implementation issues that arise are being handled on a case-by-case basis. The agencies recognize the uncertainty this decision has created and are committed to working closely with states and stakeholders to provide updated information on an ongoing basis regarding which rules are in place in which states. If a state, tribe, or an entity has specific questions about a pending jurisdictional determination or permit, please contact a local U.S. Army Corps of Engineers District office or the EPA.

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.