The Department of the Army's Regulatory Program is one of the oldest in the federal government. Initially, it served a 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 U.S. Army Corps of Engineers, through the Regulatory Program, administers and enforces Section 10 of the Rivers and Harbors Act of 1899 (RHA) and Section 404 of the Clean Water Act (CWA). Under RHA Section 10, a permit is required for work or structures in, over or under navigable waters of the United States. Under CWA Section 404, a 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' regulatory authority.

The Regulatory Program is committed to protecting the Nation's aquatic resources and navigation capacity, while allowing reasonable development through fair and balanced permit decisions. The Corps evaluates permit applications for essentially all construction activities that occur in the Nation's waters, including wetlands.

• April 21, 2023 -  On April 20, 2023, the U.S. Court of Appeals for the Sixth Circuit temporarily issued a stay of enforcement of the 2023 Rule until May 10, 2023 in Commonwealth of Kentucky v. EPA (No. 23-5343) and Kentucky Chamber of Commerce, et al. v. EPA (No. 23-5345). In light of this stay, the agencies interpret "waters of the United States" consistent with the pre-2015 regulatory regime inside the Commonwealth of Kentucky and for the Commonwealth and Plaintiff-Appellants in Case No. 23-5345 and their members until May 10, 2023.

• March 20, 2023 - 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. The agencies are reviewing the decisions and their options. 

• January 20, 2023 - The U.S. Army Corps of Engineers (USACE), along with U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service and U.S. Department of Agriculture Natural Resources Conservation Service, is announcing the availability of draft changes to the 2022 NWPL and soliciting public comments on the proposed changes to wetland indicator status ratings for two plant species in the Arid West region. The Federal Register Notice for the 2022 NWPL update can be found at: 2023-01026. The public comment period ends on March 21, 2023.

• January 18, 2023 – The Department of the Army and U.S. Environmental Protection published the revised rule for Definition of “Waters of the United States” in the Federal Register.  The rule takes effect March 20, 2023. 

• July 7, 2022 - Fees for standard permits can now be paid through pay.gov at https://www.pay.gov/public/form/start/996412796. The fee is $10 for a standard permit for a non-commercial activity and $100 for a standard permit for a commercial or industrial activity. The final decision on the basis of a fee (non-commercial versus commercial/industrial) is solely the responsibility of the District Engineer. When the Corps makes a decision to issue a standard permit, the applicant will be notified for the amount and be asked to submit the required fee through pay.gov. Note a fee is not charged for transferring a permit from one property owner to another, for verifications under general permits, for letters of permission, or for permits issued to governmental agencies.