US Army Corps of Engineers
Mobile District

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

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.

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