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Regulatory Announcements

23 September 2024 – Definition of “Waters of the United States” – Rule Status and Litigation Update
On December 30, 2022, the Environmental Protection Agency and the U.S. Department of the Army (“the agencies”) announced the final "Revised Definition of 'Waters of the United States'" rule. On...
19 September 2024 – Principles of Delivery for Mitigation Bank Decisions
The U.S. Army Corps of Engineers issued a document titled “Principles of Delivery for Mitigation Bank Decisions” to implement policy direction provided by the Assistant Secretary of the Army for Civil...
15 May 2024 – Permit applications are now available in RRS!
USACE is pleased to announce that the new national online application portal and management platform, known as the Regulatory Request System (RRS) now includes an electronic submission option for...
13 February 2024 – Final 2022 National Wetland Plant List is Available
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...
8 September 2023 - EPA and the Army Issue Final Rule to Amend 2023 Rule
On August 29, 2023, the U.S. Environmental Protection Agency (EPA) and Department of the Army (the agencies) issued a final rule to amend the final “Revised Definition of ‘Waters of the United...
29 August 2023 - To Conform with Recent Supreme Court Decision, EPA and Army Amend "Waters of the United States" Rule
Today, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (the agencies) announced a final rule amending the 2023 definition of “waters of the United States” to conform...
6 July 2023 – USACE Announces the Availability of the Antecedent Precipitation Tool, Version 2.0
USACE is announcing the availability of the Antecedent Precipitation Tool (APT), version 2.0.0. This new version of the APT contains additional functionalities, to include the incorporation of a newly...
27 June 2023 - UPDATE Supreme Court Ruling in Sackett v. Environmental Protection Agency
The Environmental Protection Agency and the U.S. Department of the Army (agencies) are in receipt of the U.S. Supreme Court's May 25, 2023, decision in the case of Sackett v. Environmental Protection...
12 May 2023 - Definition of "Waters of the United States": Rule Status and Litigation Update
On April 12, 2023, a district court judge in North Dakota issued an order preliminarily enjoining in 24 States the 2023 rule issued by EPA and the Department of the Army defining “waters of the United...
20 March 2023 - Final Revised Definition of "Waters of the United States" Becomes Effective
On 20 March 2023, the final "Revised Definition of 'Waters of the United States'" rule (the “2023 Rule”) became effective. The 2023 Rule is operative in all U.S. jurisdictions except the states of...
19 January 2023 – USACE and the U.S. Coast Guard execute a new MOU on navigable waters of the United States
On 19 January 2023, the U.S. Army Corps of Engineers (Corps) Regulatory Program and the U.S. Coast Guard (Coast Guard) executed a new Memorandum of Understanding on agency reviews of bridge and...
23 January 2023 – Federal Agencies Solicit Comments on Draft Changes to 2022 National Wetland Plant List
On 20 January 2023, the U.S. Army Corps of Engineers (USACE), 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...
1 December 2022 – Release of the Interim Draft of the National Ordinary High Water Mark Field Delineation Manual for Rivers and Streams
The U.S. Army Corps of Engineers and EPA jointly announce the availability of the Interim Draft of the National Ordinary High Water Mark Field Delineation Manual for Rivers and Streams (National OHWM...
27 April 2022 – Water Quality Certifications and USACE Permitting
On April 6, 2022, the U.S. Supreme Court issued a stay of the October 2021 order by the U.S. District Court for the Northern District of California that vacated EPA’s 2020 Clean Water Act Section 401...
5 April 2022 – Army Corps of Engineers Announces the Release of Automated Wetland Determination Data Sheets (ADS)
The U.S. Army Corps of Engineers (USACE) announces the release of the ENG Forms 6116 (1-9), Automated Wetland Determination Data Sheet (ADS), and the associated “User Guide for Automated Wetland...
28 March 2022 – Army announces a formal review of Nationwide Permit 12
The Department of the Army announced the publishing of a Federal Register notice to initiate a formal review of Nationwide Permit (NWP) 12 for Oil or Natural Gas Pipeline Activities. This review...
27 December 2021 - Army Corps of Engineers announces new and revised nationwide permits
27 December 2021 - Army Corps of Engineers announces new and revised nationwide permits U.S. Army Corps of Engineers published a final rule in the Federal Register that reissues 40 nationwide permits...
2 December 2021 - Water Quality Certifications and Corps Permitting
On October 21, 2021 the U.S. District Court for the Northern District of California issued an order vacating and remanding the Environmental Protection Agency’s 2020 regulations implementing Section...
13 January 2021 – Army Corps of Engineers publishes 2021 nationwide permits
USACE announce today the publication in the Federal Register of the 2021 Nationwide Permits (NWPs)...
11 September 2020 - EPA finalized the “Clean Water Act Section 401 Certification Rule”
On June 1, 2020, EPA finalized the "Clean Water Act Section 401 Certification Rule" to implement the water quality certification process consistent with the text and structure of the CWA. The final...

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.