USACE Regulatory Program Resumes

South Atlantic Division
Published Oct. 15, 2013

NOTE: The following story, posted on Tuesday, October 15, announced the closure of the Corps of Engineeers' wetlands regulatory program due to the government shutdown. With the reopening of the government, this program is resuming today, October 17 and will return to normal operations as soon as practicable.

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Beginning October 15, 2013, all U.S. Army Corps of Engineers Regulatory offices will shut down due to the absence of available federal appropriations. During the shutdown, Regulatory offices will be unable to evaluate individual permit applications, pre-construction notifications (PCNs) for nationwide permit (NWP) or regional general permit authorizations, or requests for jurisdictional determinations. Work on these actions will resume when Regulatory offices reopen.

During this time, should an emergency activity need to be conducted in waters or wetlands that requires a Department of the Army authorization under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899, please contact your local Army Corps district. To find the local district that services your project location, please go to

Those applying for NWP authorizations are reminded that proposed NWP activities that require PCNs must wait 45 days before beginning the NWP activity (see 33 CFR 330.1(e)). Please note that certain NWP PCNs require a written response from the Army Corps before beginning the NWP activity. These include:

•     NWP activities that might affect listed species or designated critical habitat under the Endangered Species Act

•     NWP activities that have the potential to cause effects to historic properties

•     Activities authorized by NWPs 21, 49, and 50

These NWP PCNs will not be processed until Regulatory offices reopen. Please see NWP general condition 18 (endangered species), and NWP general condition 20, (historic properties) for additional information.

Prospective applicants should ensure all proposed NWP activities comply with all terms and conditions, including regional conditions. They must also obtain other required authorizations, such as Clean Water Act Section 401 water quality certification or waiver if the proposed activity involves a discharge into waters of the United States, or Coastal Zone Management Act consistency concurrence or presumption of concurrence, if the proposed activity occurs in the coastal zone, prior to conducting NWP activities. Regional conditions that have been imposed on the 2012 NWPs are provided online at each local Corps district Regulatory office website.

For more information on the South Atlantic Division’s Regulatory Program, please visit