US Army Corps of Engineers
San Francisco District Website

IMPORTANT

Submit all correspondence including permit applications and delineation requests electronically to CESPN-Regulatory-Info@usace.army.mil.

COVID-19 CONTACT UPDATE

In response to the COVID-19 public health emergency, much of our workforce will be working remotely. Submit all correspondence electronically to minimize potential delays.  Preconstruction notifications and permit applications, delineation requests, and 401 water quality certification documents should be sent to CESPN-Regulatory-Info@usace.army.mil.

We can receive emails with files up to 35 MB in size.  Larger files can be transmitted using the DoD SAFE web app (https://safe.apps.mil/about.php).  If you require use of DoD SAFE for your documentation submittals, please coordinate with Corps staff at CESPN-Regulatory-Info@usace.army.mil to upload and transfer your files.

Regulatory Mission

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.

Latest News

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The Environmental Protection Agency and U.S. Army Corps of Engineers (the agencies) are in receipt of the U.S. District Court for the District of Arizona’s August 30, 2021, order vacating and remanding the Navigable Waters Protection Rule in the case of Pascua Yaqui Tribe v. U.S. Environmental Protection Agency. In light of this order, the agencies have halted implementation of the Navigable Waters Protection Rule and are interpreting “waters of the United States” consistent with the pre-2015 regulatory regime until further notice. The agencies continue to review the order and consider next steps. This includes working expeditiously to move forward with the rulemakings announced on June 9, 2021, in order to better protect our nation’s vital water resources that support public health, environmental protection, agricultural activity, and economic growth. The agencies remain committed to crafting a durable definition of “waters of the United States” that is informed by diverse perspectives and based on an inclusive foundation. Additional information is available on EPA’s website at: https://www.epa.gov/wotus/current-implementation-waters-united-states.

The Environmental Protection Agency (EPA) and the Department of the Army (Army) have announced plans for upcoming community engagements to inform their efforts to revise the definition of “waters of the United States” (WOTUS). EPA and Army have stated a commitment to developing a reasonable, effective, and durable definition of WOTUS that protects public health, the environment, and downstream communities while supporting economic opportunity, agriculture, and other industries.

EPA and Army are announcing a series of engagement opportunities, including an opportunity for stakeholders and the public to provide written recommendations and a series of public meetings in August to hear perspectives on the rulemaking. In addition, the agencies are initiating Federalism and Tribal consultations for the foundational rule. The agencies also intend to host a series of dialogues with state and Tribal co-regulators this fall to discuss both rulemakings.

The full announcement can be found here: https://www.epa.gov/newsreleases/epa-and-army-announce-next-steps-crafting-enduring-definition-waters-united-states.

For more information on submitting written recommendations or to register for the public meetings, see www.epa.gov/wotus.

The Environmental Protection Agency and Department of the Army have announced their intent to revise the definition of “waters of the United States” to better protect our nation’s vital water resources that support public health, environmental protection, agricultural activity, and economic growth.

After reviewing the Navigable Waters Protection Rule as directed by President Biden, the EPA and Department of the Army have determined that this rule is leading to significant, permanent environmental degradation,” said EPA Administrator Michael S. Regan. “We are committed to establishing a durable definition of ‘waters of the United States’ based on Supreme Court precedent and drawing from the lessons learned from the current and previous regulations, as well as input from a wide array of stakeholders, so we can better protect our nation’s waters, foster economic growth, and support thriving communities.

Together, the Department of the Army and EPA will develop a rule that is informed by our technical expertise, is straightforward to implement by our agencies and our state and Tribal co-regulators, and is shaped by the lived experience of local communities” said Acting Assistant Secretary of the Army for Civil Works Jaime A. Pinkham.

The agencies’ new regulatory effort will be guided by the following considerations:

 - Protecting water resources and our communities consistent with the Clean Water Act.
 - The latest science and the effects of climate change on our waters.
 - Emphasizing a rule with a practical implementation approach for state and Tribal partners.
 - Reflecting the experience of and input received from landowners, the agricultural community that fuels and feeds the world, states, Tribes, local governments, community organizations, environmental groups, and disadvantaged communities with environmental justice concerns.

The agencies are committed to meaningful stakeholder engagement to ensure that a revised definition of waters of the United States considers essential clean water protections, as well as how the use of water supports key economic sectors. Further details of the agencies’ plans, including opportunity for public participation, will be conveyed in a forthcoming action. To learn more about the definition of waters of the United States, visit https://www.epa.gov/wotus.

The U.S. Army Corps of Engineers (USACE) as part of an interagency effort is accepting comments on draft changes to the 2020 National Wetland Plant List (NWPL). The 27 species and their draft 2020 wetland ratings by region, as well as the Federal Register Notice, can be viewed at the NWPL homepage, http://wetland-plants.usace.army.mil/, under “2020 NWPL Update Information.” A link to provide general or species-specific comments is also available at this location. USACE is also seeking comments regarding the administrative change to the South Pacific Islands subregion and the NWPL update process. Comments will be accepted through May 24, 2021. All submitted comments and information will be compiled and sent to the National Panel for their consideration.

USACE announce today the publication in the Federal Register of the 2021 Nationwide Permits (NWPs) at https://www.federalregister.gov/documents/2021/01/13/2021-00102/reissuance-and-modification-of-nationwide-permits.  The 12 reissued and four new 2021 NWPs in the rule are necessary for work in streams, wetlands and other waters of the United States under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899.  These 16 NWPs will go into effect on March 15, 2021 and will expire on March 14, 2026.  The 40 existing NWPs that were not reissued or modified by the January 13, 2021, final rule remain in effect. More information on NWPs can be found at https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/National-Notices-and-Program-Initiatives/.

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Contact Information

Department of the Army
San Francisco District, Corps of Engineers
Regulatory Division
450 Golden Gate Ave., 4th Floor
San Francisco, California 94102-3404

Phone Number: (415) 503-6795
Fax Number: (415) 503-6693
cespn-regulatory-info@usace.army.mil