US Army Corps of Engineers
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Due to the COVID-19 public health emergency, much of our workforce will be working remotely.  We request stakeholders submit all correspondence electronically to minimize potential delays.  Preconstruction Notifications and permit applications 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 to request an access code for uploading and transferring your files.

Recent News

22 Jun 2020 – Navigable Waters Protection Rule becomes effective
The Environmental Protection Agency and the Department of the Army’s Navigable Waters Protection Rule (NWPR):  Definition of “Waters of the United States” became effective on June 22, 2020 in 49 states and all US territories.  A preliminary injunction has been granted for the state of Colorado. Federal jurisdiction in Colorado will be determined using the 2019 Rule and associated 2003/2008 guidance documents.  The NWPR establishes the scope of federal regulatory authority under the Clean Water Act.  The NWPR includes four simple categories of jurisdictional waters and provides specific exclusions for many water features that traditionally have not been regulated.  The Federal Register notice is available at: 
-  currently applicable in 49 states (except Colorado) and in all US territories
-  currently applicable only within the state of Colorado 
Additional information about the rule can be found on the EPA’s website at https://www.epa.gov/nwpr.

21 April 2020 - EPA and Army Publish the Navigable Waters Protection Rule
The Environmental Protection Agency (EPA) and the Department of the Army’s Navigable Waters Protection Rule: Definition of “Waters of the United States” was published in the Federal Register. This final rule establishes the scope of federal regulatory authority under the Clean Water Act. The Navigable Waters Protection Rule includes four simple categories of jurisdictional waters and provides specific exclusions for many water features that traditionally have not been regulated. The final rule will become effective on June 22, 2020. The published version is 93 pages, and the citation is: 85 FR 22250.  The Federal Register notice is available at https://www.federalregister.gov/documents/2020/04/21/2020-02500/the-navigable-waters-protection-rule-definition-of-waters-of-the-united-states. Additional information about the rule can be found on the EPA website at https://www.epa.gov/nwpr.

28 Jan 2020 - NRCS and Army rescind 2005 joint memorandum
The Natural Resources Conservation Service (NRCS) and the Deputy Assistant Secretary of the Army have provided written notice to rescind the 2005 joint memorandum titled "Guidance on Conduction Wetland Determinations for the Food Security Act of 1985 and Section 404 of the Clean Water Act".  This rescission is effective immediately. This rescission does not alter the roles or responsibilities of the Agencies under their respective statutory and regulatory authorities. The Agencies will continue their practice of informing landowners that wetland delineations (performed by the Corps) and determinations (performed by the NRCS) may not be valid for FSA or CWA requirements, respectively.  The Agencies intend to issue new guidance on this topic in the near future.
https://usace.contentdm.oclc.org/utils/getfile/collection/p16021coll11/id/4288

San Francisco District Regulatory Division

 

As chief federal steward of wetlands - marshes, tidelands and vernal pools - the Corps' regulatory team has responsibility for regulating and enforcing rigorous environmental standards while balancing appropriate development. The Corps’ efforts to balance society’s many needs officially begin with the permit process. In cases where an impact on aquatic resources is unavoidable, organizations must obtain a permit from the Corps.  This process is designed to be fair and flexible and to provide timely decisions. In many cases, the Corps works with potential applicants during the planning and design of projects so that problems can be spotted early on and addressed, saving development costs while still reducing potential environmental harm.  The Corps is committed to ensuring that the public has the opportunity to provide input on projects that will have more than a minimal impact on the environment. In carrying out its regulatory program, the Corps works closely with a diverse array of federal, state, tribal and local government agencies, nonprofit groups, businesses and individuals.

To learn more about the specifics of the regulatory program, including regulations and policies, applicable laws, recent announcements and court decisions visit: http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx This site also has links to related organizations, including Corps district offices and other federal agencies that deal with wetlands and environmental resources.

District Regulatory Policies

Customer Survey

We at the U.S. Army Corps of Engineers Regulatory Branch are committed to improving service to our customers and would like to know how well we have been doing. Who are our customers? You are our customers if you submitted a permit application, requested a jurisdictional determination or wetland delineation, or scheduled a pre-application meeting with us. Other customers include those of you who receive our Public Notice and/or comment(ed) on a particular project or our work in general, because of your interest in the Regulatory Program. To identify how we can better serve you, we need your help. Please take the time to fill out this brief survey and mail it back to us. Your honest opinions will help us determine areas in which we need to improve.

 

Click here to take our Customer Survey