NWPL Announcement

2 November 2021 - 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, is announcing the availability of the final 2020 National Wetland Plant List (NWPL). The Federal Register Notice for the 2020 NWPL update can be found here: https://www.federalregister.gov/documents/2021/11/02/2021-23891/national-wetland-plant-list

The NWPL provides plant species wetland indicator status ratings, which are used in determining whether the hydrophytic vegetation factor is met when conducting wetland delineations under the Clean Water Act and wetland determinations under the Wetland Conservation Provisions of the Food Security Act. Other applications of the NWPL include wetland restoration, establishment, and enhancement projects. The list is effective as of 2 November 2021 and will be used in any wetland delineations performed after this date. Completed wetland delineation/determination forms should reference the version of the NWPL used to complete the form.  The final NWPL is available at https://wetland-plants.sec.usace.army.mil/ (preferred browsers are Chrome and Firefox). 

Regulatory Division

Mission

The mission of the U.S. Army Corps of Engineers Regulatory Program is to protect the Nation’s aquatic resources, while allowing reasonable development through fair, flexible and balanced permit decisions.

News

ATTENTION:  Due to current conditions regarding COVID-19 the Mobile District, Regulatory Division is currently teleworking.  If you are planning to submit requests to this office such as permit applications, requests for jurisdictional determinations, or other items for our review, please send those requests electronically, if possible, to the following e-mail address: 

CESAM-RD@usace.army.mil 

This will help insure a timely review of your request. Thank you for your patience.

 

21 April 2020 - EPA and Army Publish the Navigable Waters Protection Rule

The Environmental Protection Agency (EPA) and the Department of the Army’s Navigable Waters Protection Rule: Definition of “Waters of the United States” was published in the Federal Register. This final rule establishes the scope of federal regulatory authority under the Clean Water Act. The Navigable Waters Protection Rule includes four simple categories of jurisdictional waters and provides specific exclusions for many water features that traditionally have not been regulated. The final rule will become effective on June 22, 2020. The published version is 93 pages, and the citation is: 85 FR 22250.  The Federal Register notice is available at https://www.federalregister.gov/documents/2020/04/21/2020-02500/the-navigable-waters-protection-rule-definition-of-waters-of-the-united-states.

Additional information about the rule can be found on the EPA website at https://www.epa.gov/nwpr

 

Title: 14 February - EPA and Army publish proposed revised "waters of the United States" definition

The U.S. Environmental Protection Agency (EPA) and the Department of the Army announced today the publishing in the Federal Register of the proposed new definition of "waters of the United States" that clarifies federal authority under the Clean Water Act. The notice is available at https://www.federalregister.gov/documents/2019/02/14/2019-00791/revised-definition-of-waters-of-the-united-states. 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 publishing of the proposal and outreach efforts were delayed due to the lapse in appropriations for EPA. Today's notice begins a 60-day public comment period that will close on April 15, 2019. EPA and the Army will hold an informational webcast on February 14, 2019, and will host a listening session on the proposed rule in Kansas City, KS, on February 27-28, 2019. Information, including supporting analyses and fact sheets, are available at: https://www.epa.gov/wotus-rule/step-two-revise and https://www.epa.gov/wotus-rule.

About Regulatory

The Department of the Army Regulatory Program is one of the oldest in the federal government. Initially, it served a fairly simple purpose: to protect and maintain the navigable capacity of the nation's waters. Changing public needs, evolving policy, court decisions and new statutory mandates have changed several aspects of the program, including its breadth, complexity and authority.

The Regulatory Program administers and enforces Section 10 of the Rivers and Harbors Act of 1899; Section 404 of the Clean Water Act of 1972, as amended; and Section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972.  Under Section 10 of the Rivers and Harbors Act, a Corps permit is required for work or structures in, over, or under navigable waters of the United States.  Under Section 404 of the Clean Water Act, a Corps permit is required for the discharge of dredged or fill material into waters of the United States.  Many waterbodies and wetlands in the nation are waters of the United States and are subject to the Corps' Section 404 regulatory authority.  Under Section 103 of the Marine Protection, Research, and Sanctuaries Act, the Corps regulates the transport and disposal of dredged material at designated ocean sites.

All Corps permit decisions are subject to various other Federal laws applicable to Federal actions, such as the Endangered Species Act, the National Historic Preservation Act, and the Magnuson-Stevens Fisheries Conservation and Management Act. For more information on our Regulatory Program, please feel free to browse our website.

USACE announces the launch of its new Regulatory Request System (RRS). RRS is designed to make the review of permit requests a transparent and efficient process for the public. RRS, currently in a beta version, provides general information on the Regulatory Program and allows the public to submit pre-application meeting requests and jurisdictional determination requests.  Additional capability is scheduled in Spring 2024. This added capability will allow users the ability to electronically submit individual and general permit applications and other necessary information, saving time and reducing the need for paper-based submissions. RRS will streamline the permit application process and underscores USACE commitment to modernizing our application process, meeting user expectations, and providing a transparent, straightforward process for the timely review of permit requests.  Stay tuned for further updates on the full release of the RRS. Please click on the following link to access RRS: rrs.usace.army.mil For additional information on or to provide feedback on RRS, please contact the rrs@usace.army.mil

 

Contact Us

Regulatory Division

P.O. Box 2288

Mobile, AL 36628

(251) 690-2658

 

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