Regulatory Program

The South Atlantic Division (SAD) Regulatory Program includes the Charleston, Jacksonville, Mobile, Savannah, and Wilmington districts. 

Approximately 265 regulatory project managers in these five districts process around 7,500 permit and 5,000 jurisdictional related actions each year. These actions result in the authorization of millions of dollars in development projects that create thousands of jobs both during and after construction, all while protecting the physical, chemical and biological integrity of our waters. 

Mission

The U.S. Army Corps of Engineers administers a permit program that authorizes actions in or affecting navigable waters of the US under the authority of Section 10 of the Rivers and Harbors Act of 1899; actions involving the discharge of dredged or fill material into waters of the US, including wetlands, under Section 404 of the Clean Water Act (CWA); and the transportation of dredged material for disposal in the ocean under Section 103 of the Marine Protection, Research and Sanctuaries Act.  Both public and private landowners must obtain permits from the Corps prior to beginning such actions.

Permit related actions typically include residential/commercial/institutional developments, highways and roads, energy production, pipelines, surface mining, drainage projects, bank stabilization, ports, docks, dredging, and emergency work.  Finally, applicants may appeal approved jurisdictional determinations as well as denied or declined proffered permits under the Regulatory Appeal Program.

Regulatory Announcements

  • 5 January 2022 - Latest guidance on the vacatur of the Navigable Waters Protection Rule available at: USACE HQ

  • 18 November 2021 - EPA, Army Announce Signing of Proposed Rule to Revise the Definition of Waters of the United States

    On 18 November 2021, the U.S. Environmental Protection Agency and the Department of the Army (“the agencies”) announced the signing of a proposed rule to revise the definition of “waters of the United States.” This proposal marks a key milestone in the regulatory process announced in June of 2021. The agencies propose to put back into place the pre-2015 definition of “waters of the United States,” updated to reflect consideration of Supreme Court decisions. This familiar approach to “waters of the United States” would support a stable implementation of “waters of the United States” while the agencies continue to consult with states, Tribes, local governments, and a broad array of stakeholders in both the implementation of WOTUS and future regulatory actions.

    In developing the proposed rule, EPA and the Army reviewed and considered the extensive feedback and recommendations the agencies received from states, tribes, local governments, and stakeholders throughout consultations and pre-proposal meetings and webinars.

    The agencies’ press release for the 18 November 2021 announcement is available at https://www.epa.gov/wotus/revising-definition-waters-united-states .

  • 17 November, 2021 – Rescission of the 30 June 2020 NWPR Memo, “EPA and U.S. Army Corps of Engineers Process for Elevating and Coordinating Specific Draft Determinations under the Clean Water Act

    After careful consideration, the U.S. Environmental Protection Agency and the Department of the Army have rescinded the memorandum “U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) Process for Elevating and Coordinating Specific Draft Determinations under the Clean Water Act (CWA),” signed by EPA on June 26, 2020 and Army on June 30, 2020. The memorandum established a process by which the Corps and EPA (together, the agencies) intended to elevate to their headquarters for coordination certain case-specific and stand-alone CWA determinations under paragraph (a)(1) of the Navigable Waters Protection Rule (NWPR). The NWPR did not change the definition of traditional navigable waters and retained the agencies’ longstanding “guidance on determining whether a water is a ‘traditional navigable water’ for purposes of the Rapanos Guidance, the Clean Water Act (CWA), and the agencies’ CWA implementing regulations.” However, by establishing new procedures for one category of traditional navigable waters, the 2020 elevation memorandum created an unnecessary extra step for making traditional navigable waters determinations that the agencies have been making for many years. Therefore, the agencies are rescinding that memorandum, and retaining their legal memorandum on traditional navigable waters, which has remained unchanged since 2007. The legal memorandum, “Legal Definition of ‘Traditional Navigable Waters,’” can be found at https://www.epa.gov/wotus/legal-definition-traditional-navigable-waters.”

  • 2 November 2021 – Final 2020 National Wetland Plant List

    The U.S. Army Corps of Engineers, 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 of Agriculture Natural Resources Conservation Service, is announcing the availability of the final 2020 National Wetland Plant List (NWPL). The Federal Register Notice for the 2020 NWPL update can be found here: https://www.federalregister.gov/documents/2021/11/02/2021-23891/national-wetland-plant-list The NWPL provides plant species wetland indicator status ratings, which are used in determining whether the hydrophytic vegetation factor is met when conducting wetland delineations under the Clean Water Act and wetland determinations under the Wetland Conservation Provisions of the Food Security Act. Other applications of the NWPL include wetland restoration, establishment, and enhancement projects. The list is effective as of 2 November 2021 and will be used in any wetland delineations performed after this date. Completed wetland delineation/determination forms should reference the version of the NWPL used to complete the form.  The final NWPL is available at https://wetland-plants.sec.usace.army.mil/ (preferred browsers are Chrome and Firefox). 

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Contact Us

For General Regulatory Questions call

(404) 562-5136

For Regulatory Appeal Questions call

(904) 314-9631

Mailing Address

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