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 and Section 404 of the Clean Water Act. Under Section 10, a Corps permit is required for work or structures in, over or under navigable waters of the United States. Under Section 404, a Corps permit is required for the discharge of dredged or fill material into waters of the United States. Many water bodies and wetlands in the nation are waters of the United States and are subject to the Corps' Section 404 regulatory authority.