US Army Corps of Engineers
North Atlantic Division

Regulatory Program and Permitting

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February 14, 2019: The U.S. Environmental Protection Agency (EPA) and the Department of the Army announced 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. Additional Information, including supporting analyses and fact sheets, is available at:  https://www.epa.gov/wotus-rule/step-two-revise and https://www.epa.gov/wotus-rule

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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.

The Regulatory Program is committed to protecting the Nation's aquatic resources, while allowing reasonable development through fair, flexible and balanced permit decisions. The Corps evaluates permit applications for essentially all construction activities that occur in the Nation's waters, including wetlands. The Corps' regulatory personnel ensure that any environmental impact on aquatic resources from these construction activities is avoided, minimized, or mitigated. We are dedicated to protecting the nation’s aquatic resources while allowing reasonable and necessary development to go forward.

The heart of the Corps' regulatory program is the public interest review process, which is designed to produce fair, flexible and balanced permit decisions.

For more information on how to obtain a permit, click here.

There are times when decisions are appealed on the issuance or denial of a permit. For more information on the Division's administrative appeal process, click here.
 

If you need help filling out a permit application form contact your nearest District office or use our online tool.