Regulatory Appeals

The Corps of Engineers has an administrative appeal process whereby applicants and landowners may appeal denied permits, issued permits that contain requirements that are unacceptable to the applicant, or jurisdictional determinations. These decisions are made by Corps District offices. The request for an appeal of such decisions, are appealed to the Corps Division offices. Requests for appeal must be furnished to the Division office within 60 days of the date of the appealable decision. A site visit or an appeal conference or meeting may be conducted during the appeal process. A decision on the merits of the appeal based on the administrative record is normally made in 90 days. The Division will either uphold the District decision or remand the decision to the District, with specific instructions on how to correct any procedural error that was prejudicial to the appellant (i.e., that was not a "harmless" procedural error), or to reconsider the decision where any essential part of the decision was not supported by accurate or sufficient information, or analysis, in the administrative record.  Finally, the appeal process enables applicants the opportunity to appeal a District’s decision while potentially avoiding the cost/delay of court litigation. 

Appeal Decisions, Regulations, Forms & Flowcharts

 Item Description
Administrative Appeal Decisions The table summarizes ALL administrative appeals received in the South Atlantic Divison
 

Administrative Appeal Regulation

 

Complete text of the Federal Register, Part III dated Tuesday, March 28, 2000

 

Administrative Appeal Regulation (Short Version)

 

33 CFR Part 331

Request for Appeal Form Form describing rights & options regarding administrative appeals
Regulatory Guidance Letter 06-01 Determining the Timeliness of Request for Appeal (RFA)
Appendix A Administrative Appeal Process for Permit Denials & Proffered Permits
Appendix B  Applicant Options with Initial Proffered Permit
Appendix C  Administrative Appeal Process for Approved Jurisdictional Determinations
Appendix D  Process for Unacceptable Request for Appeal

Regulatory Appeal Videos

Below are a series of informational videos designed to educate potential appellants on the Regulatory Appeal process. These videos will help an appellant quickly understand what the appeal program is and what information is needed for the review of a request for appeal.

 1 - Overview of the Process                      2 - Who is Eligible

 Overview of the Process  
3 - What Can & Cannot be Appealed 4 - Correct Forms & Timelines
 Regulatory Appeals 3  Regulatory Appeals 4
5 - After Receiving the Request 6 - Final Appeal Decision
 Regulatory Appeals 5  Regulatory Appeals 6
7 - All Videos Together  
 Regulatory Appeals All  

 

 

Contact Us

For General Regulatory Questions call

(404) 562-5136

For Regulatory Appeal Questions call

(404) 562-5137

Mailing Address

U.S. Army Corps of Engineers
South Atlantic Division
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801