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. Today, USACE regulates structures and work in navigable waters of the U.S. under Sections 9 and 10 of the Rivers and Harbors Act of 1899, discharges of dredged or fill material in waters of the U.S. (including jurisdictional wetlands) under Section 404 of the Clean Water Act, and the transportation of dredged material for the purpose of ocean disposal under Section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972.
The Corps balances the reasonably foreseeable benefits and detriments of proposed projects, and makes permit decisions that recognize the essential values of the Nation's aquatic ecosystems to the general public, as well as the property rights of private citizens who want to use their land. During the permit process, the Corps considers the views of other Federal, state and local agencies, interest groups, and the general public. The results of this careful public interest review are fair and equitable decisions that allow reasonable use of private property, infrastructure development, and growth of the economy, while offsetting the authorized impacts to the waters of the U.S. The Corps strives to make its permit decisions in a timely manner that minimizes impacts to the regulated public.
For projects determined to have unavoidable impacts to waters of the U.S. after an applicant has demonstrated avoidance and minimization to the maximum extent practicable, the Corps may require compensatory mitigation to replace lost aquatic function. Mitigation is frequently provided through a federally-approved compensatory mitigation bank.
Enforcement action may be taken on unauthorized activities in waters of the U.S. and violations of issued permit conditions. The assistance of members of the public and other interested Federal, State and local agencies for reporting a suspected violation is encouraged.
The Vicksburg District Regulatory team continues to work daily to assure that the Nation’s aquatic resources are protected while allowing reasonable development through fair, flexible, and balanced permit decisions.
Link to: ORM Permit Actions by Type
NEWS ANNOUNCEMENTS
26 May 2023 - Supreme Court Ruling in Sackett v. Environmental Protection Agency
The U.S. Environmental Protection Agency and U.S. Army Corps of Engineers (the agencies) are in receipt of the U.S. Supreme Court’s May 25, 2023 decision in the case of Sackett v. Environmental Protection Agency. In light of this decision, the agencies will interpret the phrase “waters of the United States” consistent with the Supreme Court’s decision in Sackett. The agencies continue to review the decision to determine next steps.
6 June 2023 - Meet with a Regulator 2023!
On June 6th, 2023, the Vicksburg District Regulatory Division will host an outreach event for consultants and applicants on how to navigate the application and approval process more efficiently. The first session will be held on Tuesday, June 6th from 9:00-11:00 at the Vicksburg District. Depending on the number of reservations received, a second session may be scheduled the afternoon of June 6th. You must register by May 17th to attend.
To register, please provide the attendee’s name, company affiliation, address, phone number, and email address to
[email protected] .
If you have any questions you would like to be addressed, please submit the questions in advance.
Presentations are intended for individuals or groups who regularly interact with the Vicksburg District Regulatory Branch and would like a detailed discussion on efficiency tools and tips to navigate the process. Potential topics include:
- Tips for successful JD submission
- Tips for a complete Pre-Construction Notification and Permit Application
- Updates on the Nationwide Permit Program
- 404/ 408 Synchronization
- Alternatives analysis
- Permittee-Responsible Mitigation Plan- Key Components
- Cultural Resource Reviews
- Mitigation Banking
You must register to attend!!
12 MAY 2023 - 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 January 18, 2023, the rule was published in the Federal Register, and the rule took effect on March 20, 2023. However, as a result of ongoing litigation, the agencies are interpreting "waters of the United States" consistent with the pre-2015 regulatory regime in 27 States until further notice. See note below. The agencies developed the 2023 Rule with consideration of the relevant provisions of the Clean Water Act and the statute as a whole, relevant Supreme Court case law, and the agencies’ technical expertise after more than 45 years of implementing the longstanding pre-2015 “waters of the United States” framework. This rule also considers the best available science and extensive public comment to establish a definition of “waters of the United States” that supports public health, environmental protection, agricultural activity, and economic growth. More information about the final rule is available here.
On March 19, 2023, a district court judge for the Southern District of Texas issued an order preliminarily enjoining in Idaho and Texas the 2023 Rule issued by EPA and the Department of the Army defining “waters of the United States.” 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 States.” These States include Alabama, Alaska, Arkansas, Florida, Georgia, Iowa, Indiana, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, Virginia, West Virginia, and Wyoming.
Note: On May 10, 2023, the U.S. Court of Appeals for the Sixth Circuit issued an order granting the motions of Kentucky and plaintiffs-appellants for an injunction pending appeal of the district court's decision. Commonwealth of Kentucky v. EPA (No. 23-5343) and Kentucky Chamber of Commerce, et al. v. EPA (No. 23-5345). In light of this injunction, the agencies will interpret "waters of the United States" consistent with the pre-2015 regulatory regime in Kentucky and for the plaintiff-appellants and their members in this litigation (Kentucky Chamber of Commerce, U.S. Chamber of Commerce, Associated General Contractors of Kentucky, Home Builders Association of Kentucky, Portland Cement Association, and Georgia Chamber of Commerce) until further notice.
The agencies are reviewing these decisions and their options. The agencies continue to believe the rule, which is informed by the text of the relevant provisions of the Clean Water Act and the statute as a whole, as well as the scientific record, relevant Supreme Court case law, input from public comment, and the agencies’ experience and technical expertise after more than 45 years of implementing the longstanding pre-2015 regulations defining "waters of the United States," is the best interpretation of the Clean Water Act.
The agencies remain committed to establishing and implementing a durable definition of “waters of the United States” informed by diverse perspectives. Our goal is to protect public health, the environment, and downstream communities while supporting economic opportunity, agriculture, and industries that depend on clean water.
If a state, Tribe, or an entity has specific questions about a pending jurisdictional determination or permit, please contact a local U.S. Army Corps of Engineers District office or the EPA.
12 April 2023 - Preliminary Injunction Granted for 24 States Regarding the 'Waters of the United States' Rule
On April 12, 2023, a district court judge in North Dakota issued an order preliminarily enjoining in 24 States the rule issued by EPA and the Department of the Army defining “waters of the United States.” The Vicksburg District’s area of responsibility (Arkansas, Louisiana, Mississippi) is affected by this injunction. The agencies are reviewing the decision and their options. The agencies continue to believe the rule, which is informed by the text of the relevant provisions of the Clean Water Act and the statute as a whole, as well as the scientific record, relevant Supreme Court case law, input from public comment, and the agencies’ experience and technical expertise after more than 45 years of implementing the longstanding pre-2015 regulations defining waters of the United States, is the best interpretation of the Clean Water Act. In light of the preliminary injunctions, the agencies are interpreting “waters of the United States” consistent with the pre-2015 regulatory regime in 26 States until further notice.
The agencies remain committed to establishing and implementing a durable definition of “waters of the United States” informed by diverse perspectives. Our goal is to protect public health, the environment, and downstream communities while supporting economic opportunity, agriculture, and industries that depend on clean water.
12 April 2023 - Joint Public Notice - Notice of Availability of the Beta Streamflow Duration Assessment Method for the Northeast or Southeast
The method, data forms, and training opportunities are available at: https://www.epa.gov/streamflow-duration-assessment/beta-streamflow-duration-assessment-method-northeast-and-southeast. For additional information on the development of regional Streamflow Duration Assessment Methods for nationwide coverage, see: https://www.epa.gov/streamflow-duration-assessment.
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 Idaho and Texas.
The U.S. Department of the Army and U.S. EPA (“the agencies”) final rule establishes a clear and reasonable definition of “waters of the United States” and reduces the uncertainty from constantly changing regulatory definitions that has harmed communities and our nation’s waters.
The agencies developed the 2023 Rule with consideration of the relevant provisions of the Clean Water Act and the statute as a whole, relevant Supreme Court case law, and the agencies’ technical expertise after more than 45 years of implementing the longstanding pre-2015 “waters of the United States” framework. The 2023 Rule also considers the best available science and extensive public comment to establish a definition of “waters of the United States” that supports public health, environmental protection, agricultural activity, and economic growth.
Until further notice, federal Clean Water Act jurisdiction in Idaho and Texas will continue to be determined under the pre-2015 regime (the 1986 WOTUS regulation and associated 2003/2008 (SWANCC/Rapanos) guidance documents).
If a state, tribe, or an entity has specific questions about a pending jurisdictional determination or permit, please contact a local U.S. Army Corps of Engineers District office (see https://regulatory.ops.usace.army.mil/offices/) or EPA.
More information about the final rule is available at: https://www.epa.gov/wotus/revising-definition-waters-united-states.
30 DEC 2022 - EPA and Army Finalize Rule Establishing Definition of WOTUS and Restoring Fundamental Water Protections
The U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (the agencies) announced a final rule establishing a durable definition of “waters of the United States” (WOTUS) to reduce uncertainty from changing regulatory definitions, protect people’s health, and support economic opportunity. The final rule restores essential water protections that were in place prior to 2015 under the Clean Water Act for traditional navigable waters, the territorial seas, interstate waters, as well as upstream water resources that significantly affect those waters. As a result, this action will strengthen fundamental protections for waters that are sources of drinking water while supporting agriculture, local economies, and downstream communities.
Click here to to read the full press release and to access the rule and related materials.
The agencies will host a public final rule overview webinar on January 19, 2023, from 12pm – 1pm Eastern Time. Note that registration capacity is limited, but the webinar will be recorded and posted on EPA’s website after the event. Register for the final rule overview webinar.
1 DEC 2022 - Release of Interim Draft of the National Ordinary High Water Mark Field Delineation Manual for Rivers and Streams
The U.S. Army Corps of Engineers (USACE) and EPA (the Agencies) jointly announce the availability of the Interim Draft of the National Ordinary High Water Mark Field Delineation Manual for Rivers and Streams (National OHWM Manual) and its accompanying data sheet. The Interim Draft National OHWM Manual provides draft technical guidance for identifying and delineating the OHWM using a scientifically supported, rapid framework. The Agencies are requesting comments and feedback from the public and practitioners on the Interim Draft of the National OHWM Manual via the public notice linked below. Following the public comment period and additional field testing, comments and feedback received from the public and practitioners will be utilized to further refine the Interim Draft of the National OHWM Manual for clarity, consistency, and technical accuracy. The one-year testing and comment period ends on December 1, 2023. A final version of the National OHWM Manual is anticipated to be published during 2024.
During the period while the OHWM Manual is an interim draft, OHWM identification and/or delineation for official USACE Regulatory purposes should continue in accordance with the applicable OHWM definition in the Federal regulations, Regulatory Guidance Letter 05-05, and any applicable USACE district policies. However, USACE Regulatory staff are encouraged to test the Interim Draft of the National OHWM Manual and provide comments and feedback by emailing [email protected].
25 July 2022 – Payment of Department of the Army Permit Fees via Pay.Gov
Applicants are now able to pay Department of the Army permit fees online at pay.gov instead of writing and mailing a check or money order. This convenient option allows for multiple payment methods (bank account, Amazon account, PayPal, debit or credit card). The direct link for making Department of the Army permit fee payments on pay.gov is https://www.pay.gov/public/form/start/996412796. Click here for a pay.gov payment walk-through which explains the process.