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.