Regulatory Branch

The Department of the Army Regulatory Program is one of the oldest in the Federal Government. Initially it served a fairly simple, straightforward purpose: to protect and maintain the navigable capacity of the nation's waters. Time, changing public needs, evolving policy, case law and new statutory mandates have changed the complexion of the program, adding to its breadth, complexity and authority.

The Regulatory Program is committed to protecting the Nation's aquatic resources, while allowing reasonable development through fair, flexible and balanced permit decisions. The Corps evaluates permit applications for essentially all construction activities in the Nation's waters, including wetlands.

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Regulatory Announcements

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 13 February 2024 -  Availability of the Final 2022 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 2022 National Wetland Plant List (NWPL). The Federal Register Notice for the 2022 NWPL update can be found here: https://www.govinfo.gov/content/pkg/FR-2024-02-13/pdf/2024-02903.pdf.

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 13 February 2024 and will be used in any wetland delineations performed after this date. A summary of the 2022 NWPL is provided in the table below.

2022 National Wetland Plant List Updates

Scientific Name Region 2020 Rating 2022 Rating
Isocoma menziesii Arid West FAC FACU
Populus fremontii Arid West FAC FACW

 

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). Please note that while the web address for the NWPL website has not changed with this update, the website itself has undergone updates to enhance the utility of the NWPL.

Updated versions of the Automated Wetland Determination Data Sheets (ADS), which reflect revisions to the NWPL, can be found at the following link: https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/reg_supp/ within the “General Information” dropdown.  More info regarding the ADS and its utility in wetland delineation can be found at the following link: https://www.usace.army.mil/Media/Announcements/Article/2989646/5-april-2022-army-corps-of-engineers-announces-the-release-of-automated-wetland/.

USACE announces the launch of its new Regulatory Request System (RRS). RRS is designed to make the review of permit requests a transparent and efficient process for the public. RRS, currently in a beta version, provides general information on the Regulatory Program and allows the public to submit pre-application meeting requests and jurisdictional determination requests. 
Additional capability is scheduled in Spring 2024. This added capability will allow users the ability to electronically submit individual and general permit applications and other necessary information, saving time and reducing the need for paper-based submissions.
RRS will streamline the permit application process and underscores USACE commitment to modernizing our application process, meeting user expectations, and providing a transparent, straightforward process for the timely review of permit requests. 
Stay tuned for further updates on the full release of the RRS. Please click on the following link to access RRS: rrs.usace.army.mil
For additional information on or to provide feedback on RRS, please contact the rrs@usace.army.mil. rrs@usace.army.mil

Regulatory News Releases

Halligan Water Supply Project Final Environmental Impact Statement published
10/23/2023 UPDATED
The U.S. Army Corps of Engineers, Omaha District has published the Final Environmental Impact Statement for the proposed City of Fort Collins Halligan Water Supply Project. The Final Conceptual...

Announcements