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.

1616 Capitol Avenue, Suite 9000 | Omaha | Nebraska| 68102-9000 | Ph: 402-995-2470

RRS Regulatory Request System

To learn more about the Regulatory Request System, watch this video: USACE RRS Promo 90-sec (youtube.com)

 

Click below to access the Regulatory Request System.

Graphic with link to RRS website.

 

Regulatory Announcements

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Expand List item 37310Collapse List item 37310  January 28, 2025 - 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 of Agriculture Natural Resources Conservation Service, is announcing the availability of the draft changes to the 2024 NWPL and its web address to solicit public comments.

The public now has the opportunity to comment on the proposed changes to wetland indicator status ratings for one plant species in the Atlantic and Gulf Coastal Plain and Eastern Mountains, and Piedmont regions and one species in the Midwest and Northcentral and Northeast regions. Additionally, changes to eight species in the Alaska Region are proposed and available for public comment. The Federal Register Notice (FRN) for the 2024 NWPL update can be found here: https://www.federalregister.gov/documents/2025/01/28/2025-01798/national-wetland-plant-list .  The public comment period ends on 31 March 2025.

USACE encourages public input in the form of data, comments, literature references, or field experiences, to help clarify the status of the species reviewed for this update. Comments on these proposed changes should be emailed to nwpl@usace.army.mil. Users are encouraged to submit literature citations, herbaria records, experiential references, monitoring data, photographic documentation, and other relevant information. Specific knowledge of, or studies related to, individual species are particularly helpful. When providing input or information on the draft changes to the 2024 NWPL update, commenters should use their regional botanical and ecological expertise, field observations, reviews of the most recent indicator status information, appropriate botanical literature, floras, herbarium specimens with notation of habitat and associated species, habit data, relevant studies, and historic list information. Providing ratings without supporting documentation or information is not recommended. All submitted comments and information will be compiled and sent to the National Panel for their review and consideration.

USACE administers the NWPL for the United States and its territories.  The NWPL provides plant species 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.  Additions or deletions to the NWPL represent new records, range extensions, nomenclatural and taxonomic changes, and newly proposed species.  The latest review process began in 2024 and included review by Regional Panels and the National Panel. 

Additional information on the NWPL can be found at the NWPL website (https://wetland-plants.sec.usace.army.mil/), including a new video on how to use the newly redesigned site, which can be found here: https://wetland-plants.sec.usace.army.mil/reference/.

Expand List item 37182Collapse List item 37182  January 8, 2025 - The U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency Jointly Announce the Availability of the National Ordinary High Water Mark Field Delineation Manual for Rivers and Streams (National OHWM Manual)

The U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency Jointly Announce the Availability of the National Ordinary High Water Mark Field Delineation Manual for Rivers and Streams (National OHWM Manual). The Final National OHWM Manual serves as a non-mandatory technical resource which can be used in appropriate situations to assist with identifying and delineating the ordinary high water mark (OHWM) of rivers and streams located throughout the Nation. A joint public notice announcing the release of the Final Manual is available here: usace.contentdm.oclc.org/utils/getfile/collection/p16021coll9/id/3045.

The Final National OHWM Manual, environmental assessment, response to comments, and other information regarding the OHWM can be found at the following link: https://www.erdc.usace.army.mil/ohwm.

Expand List item 37181Collapse List item 37181   January 6, 2025 - Public Notice Module Now Available - Enhances RRS Functionality

The U.S. Army Corps of Engineers (USACE) is excited to announce the launch of the Public Notice module on the Regulatory Request System (RRS). Released in January 2025, this new feature allows users nationwide to search, review, and comment on projects being reviewed by the Regulatory Program, significantly enhancing transparency, accessibility, and efficiency. The Public Notice module provides access to Regulatory projects requiring a standard permit or when public notices are issued to develop Mitigation Banks, In-lieu Fee Programs or to issue/reissue a Regional or Programmatic Permit or Section 404 Letter of Permission.  It organizes notices by state and district, which can be viewed in a table format or on an interactive map. Users can easily search for notices by project name or address and submit comments directly through the platform, streamlining public engagement and reinforcing USACE's commitment to improving transparency and the permitting process.

The RRS is a web-based platform, currently in its beta version, designed to simplify the permitting process and enhance user experience. In addition to the new Public Notice Module, RRS enables users to submit permit applications, request jurisdictional determinations, and schedule pre-application meetings, all through a user-friendly interface.

We encourage you to explore the Regulatory Request System and its new features by visiting rrs.usace.army.mil. For additional information or to provide feedback, please contact us at rrs@usace.army.mil.

Expand List item 37053Collapse List item 37053  November 27, 2024 - Availability of New and Updated Engineer (ENG) Forms for the USACE Regulatory Program 

The U.S. Army Corps of Engineers (USACE) announces the availability of new and updated Engineer (ENG) forms for use in our delivery of the USACE Regulatory Program. These new and updated forms are designed to efficiently and effectively collect information needed to implement our Regulatory Program. 

Practitioners and the public can access USACE’s Regulatory ENG forms at https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/Regulatory-Program-Forms/.

USACE ENG forms can also be accessed from the USACE Publications Engineer Forms website at https://www.publications.usace.army.mil/usace-publications/engineer-forms/.

Please note that most regulatory requests, such as requests for permit actions and requests for jurisdictional determinations, can now be completed online through USACE’s Regulatory Request System (RRS). We encourage users to explore and utilize the new Regulatory Request System to take advantage of its benefits and features. Visit rrs.usace.army.mil today!

The U.S. Army Corps of Engineers, Omaha District, (Corps) is issuing this public notice to inform members of the public of Section 404 of the Clean Water Act (Section 404) and Section 10 of the Rivers and Harbors Act of 1899 (Section 10). The Corps administers the permitting process for activities in waters of the United States and when activities occur over, in, or under a Section 10 water. This public notice explains when the Corps has jurisdiction over work or activities, what types of Department of Army (DA) permits are available, and how to apply for those permits. Specific emphasis is on emergencies and the permitting process for emergency activities in Nebraska, western Iowa, and South Dakota. For western Iowa this emergency permitting process only applies to the Missouri River and the contiguous wetlands on the Iowa side of the Missouri River.

Expand List item 34701Collapse List item 34701  15 May 2024 – Permit applications are now available in RRS!

U.S. ARMY CORPS OF ENGINEERS, OMAHA DISTRICT, REGULATORY BRANCH

USACE is pleased to announce that the new national online application portal and management platform, known as the Regulatory Request System (RRS) now includes an electronic submission option for permit applications. This platform has been introduced to modernize our permit application process and to address our users' expectations by providing a straightforward and transparent process for the submittal of permit requests.

RRS is a web-based platform currently in a beta version that enables users to submit pre-application meeting requests, jurisdictional determination requests, and new applications for individual and general permits. This new system aims to streamline the process, improve efficiency, and provide a more user-friendly experience for our applicants.     

All six states in the Omaha District, which includes the northeastern quarter of Colorado, Nebraska, Montana, North Dakota, South Dakota, and Wyoming, are accepting RRS electronic submissions. Please note that in the state of Montana, the RRS joint permit application (JPA) process will not be available on May 15th.  The Montana Regulatory Offices will be flexible with incoming applications submitted in the RRS and continue to coordinate with state and federal counterparts to minimize the burden on applicants. The external JPA form for Montana’s resources is still available online; for further information regarding this JPA, please visit: https://dnrc.mt.gov/Licenses-and-Permits/Stream-Permitting/.

We believe that RRS will not only benefit our users by simplifying the application process but will also enhance our ability to effectively manage and review permit requests. We are confident that this modernization initiative will lead to improved customer satisfaction and greater overall efficiency within our Regulatory Program.

We encourage users to explore and utilize the new Regulatory Request System to take advantage of its benefits and features. Visit rrs.usace.army.mil today!

For additional information on or to provide feedback on RRS, please contact us using the following email: rrs@usace.army.mil.  

Expand List item 33689Collapse List item 33689  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

Final Environmental Impact Statement for the Nebraska Highway 12 Niobrara East and West Project available for public review
12/12/2024
The Final Environmental Impact Statement, or Final EIS, for the Nebraska Highway 12 Niobrara, or N-12, East and West Project is now available for public review...

Post-Flood Permitting

Click below for detailed information.

Graphic with link to post-flood permitting fact sheet.