IMPORTANT

Submit all correspondence including permit applications and delineation requests electronically to CESPN-RG-submittal@usace.army.mil; and Submit Inquiries, Agency Permit/Certification, FOIA requests, and Monitoring Reports to CESPN-RG-Info@usace.army.mil.

COVID-19 CONTACT UPDATE

The San Francisco District has gone paperless.  All Applications, JD Requests, Referrals, Violations, Interagency meeting requests must be sent to cespn-rg-submittal@usace.army.mil, and Inquiries, Agency Permits/Certifications, FOIA requests, and Monitoring Reports, should be e-mailed to cespn-rg-info@usace.army.mil

Please include the type of request (e.g. Nationwide / Individual Permit, Jurisdictional Determination, Pre-application Meeting) in the Subject line.

Even if it is necessary to provide a hard copy of the application materials, a digital copy must still be submitted in PDF format.

We can receive emails with attachments 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-RG-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.

Announcements

23 January 2023 – Federal Agencies Solicit Comments on Draft Changes to 2022 National Wetland Plant List
1/23/2023
On 20 January 2023, the U.S. Army Corps of Engineers (USACE), as part of an interagency effort with the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service and the U.S. Department...
18 January 2023 - Final Revised Definition of "Waters of the United States"
1/3/2023
On December 30, 2022, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (the agencies) announced the final "Revised Definition of 'Waters of the United States'" rule...
1 December 2022 – Release of the Interim Draft of the National Ordinary High Water Mark Field Delineation Manual for Rivers and Streams
12/1/2022
The U.S. Army Corps of Engineers and EPA jointly announce the availability of the Interim Draft of the National Ordinary High Water Mark Field Delineation Manual for Rivers and Streams (National OHWM...
7 September 2022 – National Recruitment Event, September 14-15, 2022
9/12/2022
The U.S. Army Corps of Engineers Regulatory Program is hosting its first regulatory-specific national recruitment event on September 14 - 15, 2022, from 10:30 a.m. to -7:00 p.m. (Eastern Time)...
27 April 2022 – Water Quality Certifications and USACE Permitting
4/27/2022
On April 6, 2022, the U.S. Supreme Court issued a stay of the October 2021 order by the U.S. District Court for the Northern District of California that vacated EPA’s 2020 Clean Water Act Section 401...
5 April 2022 – Army Corps of Engineers Announces the Release of Automated Wetland Determination Data Sheets (ADS)
4/5/2022
The U.S. Army Corps of Engineers (USACE) announces the release of the ENG Forms 6116 (1-9), Automated Wetland Determination Data Sheet (ADS), and the associated “User Guide for Automated Wetland...
28 March 2022 – Army announces a formal review of Nationwide Permit 12
3/30/2022
The Department of the Army announced the publishing of a Federal Register notice to initiate a formal review of Nationwide Permit (NWP) 12 for Oil or Natural Gas Pipeline Activities. This review...
5 January 2022 – Navigable Waters Protection Rule Vacatur
1/5/2022
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...
27 December 2021 - Army Corps of Engineers announces new and revised nationwide permits
12/27/2021
27 December 2021 - Army Corps of Engineers announces new and revised nationwide permits U.S. Army Corps of Engineers published a final rule in the Federal Register that reissues 40 nationwide permits...
2 December 2021 - Water Quality Certifications and Corps Permitting
12/2/2021
On October 21, 2021 the U.S. District Court for the Northern District of California issued an order vacating and remanding the Environmental Protection Agency’s 2020 regulations implementing Section...
Archived Announcements

Local News

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The U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army announced a final rule establishing a durable definition of “waters of the United States” (WOTUS). The rule was published in the Federal Register today, 18 January 2023. The effective date of this rule is set for 20 March 2023

In developing the rule, EPA and Army considered the text of the relevant provisions of the Clean Water Act and the statute as a whole, the scientific record, relevant Supreme Court case law, 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.’’  The final rule advances the objective of the Clean Water Act and ensures critical protections for the nation’s vital water resources, which support public health, environmental protection, agricultural activity, and economic growth across the United States.  The final rule is available at: https://www.federalregister.gov/documents/2023/01/18/2022-28595/revised-definition-of-waters-of-the-united-states.  Additional information regarding the rule is available on EPA’s website at https://www.epa.gov/wotus .

The Corps’ South Pacific Division issued a notice regarding the USEPA and the Department of the Army announcement of a process for stakeholders to submit nomination letters for a slate of nominees to potentially be selected for one of the geographically focused roundtables on revisions to the definition of Waters of the United States.  See https://www.spd.usace.army.mil/Missions/Regulatory/Public-Notices-and-References/Article/2816963/waters-of-the-us-wotus-public-outreach-and-stakeholder-engagement-activities/.

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.

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/.

USACE announced today that it reissued 12 and issued four new nationwide permits for work in wetlands and other waters that are regulated by Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. The final rule is expected to be published in the Federal Register in the coming weeks. The pre-publication version of the final rule is available at https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/Nationwide-Permits/.

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Regulatory Links

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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-RG-Info@usace.army.mil