Nebraska Regulatory Office

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.

8901 South 154th Street | Omaha | Nebraska | 68138-3635 | Ph: 402-896-0896 | Fax: 402-896-0997

Email: NE404Reg@usace.army.mil

Regulatory Announcement

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2 November 2021 - 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). 

“Consistent with the U.S. District Court for the District of Arizona’s August 30, 2021, order vacating and remanding the Navigable Waters Protection Rule, the agencies have halted implementation of the Navigable Waters Protection Rule and are interpreting “waters of the United States” consistent with the pre-2015 regulatory regime until further notice. An approved jurisdictional determination (AJD) is a document provided by the Corps stating the presence or absence of “waters of the United States” on a parcel or a written statement and map identifying the limits of “waters of the United States” on a parcel. See 33 CFR 331.2. Under existing Corps’ policy, AJDs are generally valid for five years unless new information warrants revision prior to the expiration date. See U.S. Army Corps of Engineers, Regulatory Guidance Letter No. 05–02, § 1(a), p. 1 (June 2005) (Regulatory Guidance Letter (RGL) 05–02). As a general matter, the agencies’ actions are governed by the rule in effect at the time the Corps completes an AJD, not by the date of the request for an AJD. Therefore, AJDs that were pending on, or received after the court’s decision will be completed consistent with the pre-2015 regulatory regime. AJDs completed prior to the court’s decision remain valid until the expiration date unless one of the criteria for revision is met under RGL 05-02, or the recipient of such an AJD requests that a new AJD be provided pursuant to the pre-2015 regulatory regime. “

On January 13, 2021, the U.S. Army Corps of Engineers (Corps) published a final rule in the Federal Register (86 FR 2744) announcing the reissuance of 12 existing nationwide permits (NWPs) and four new NWPs (NWP 12, 21, 29, 39, 40, 42, 43, 44, 48, 50, 51, 52, 55, 56, 57, and 58) as well as the reissuance of NWP general conditions and definitions with some modifications. The Northwestern Division Engineer approved the Omaha District regional conditions on February 23, 2021. These 16 NWPs will go into effect on March 15, 2021 and will expire on March 14, 2026. For more information about the 2021 NWPs please go to the following links:

National Information: https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/Nationwide-Permits/

Omaha District Information: https://www.nwo.usace.army.mil/Missions/Regulatory-Program/Nation-Wide-Permit-Information/

Omaha District Pre-recorded Outreach Presentation: https://usace.contentdm.oclc.org/utils/getfile/collection/p16021coll11/id/5072

Any questions can be submitted to the following contact information

Email: OmahaRegFS@usace.army.mil

Mail: Omaha District, USACE Attn: Regulatory Branch, Field Support Section 1616 Capitol Ave., Ste. 9000 Omaha, NE 68102

The Nebraska Regulatory Office of the U.S. Army Corps of Engineers' Omaha District has been working to be more responsive to the needs of the public. For the Regulatory Program, we know there is great interest in allowing information associated with pre-construction notifications, permit applications, and other requests in a digital format, instead of paper.

In light of the COVID-19 pandemic, the Nebraska Regulatory Office strongly encourages all submittals be provided in digital form, eliminating any need to send a paper copy. The Nebraska Regulatory Office has been authorized and encouraged to telework from home throughout this crisis to help slow the spread of the virus while continuing to execute the regulatory program and provide customer service. Submitting requests to our office electronically avoids the necessity of handling paper documents, eliminates any possibility of pathogen transmittals, and allows our regulatory project managers electronic access to the requests while teleworking via the internet.

The Nebraska Regulatory Office will accept electronic submittals during the COVID-19 pandemic. If you are submitting information associated with a new request, such as a permit application or pre-construction notification, please submit it to NE404Reg@usace.army.mil for initial in-processing. (NOTE: Emails including attachments cannot exceed 40Mb; attachments should be clearly labeled, and consolidated into one PDF when possible).

If you require assistance with an active request, we encourage you to send digital files directly to the project manager assigned to the action. We also recommend that email is the best option for communicating with the project manager at this time since they may be teleworking. If you do not know who is assigned to your action, please send your request to our general email box, or call our office at 402-896-0896.

We will continue to accept paper copies of your requests if you are unable to submit them electronically. However, evaluating your requests may be delayed until someone in the office is able to scan and convert your paper documents to digital documents available to the assigned project manager.

Further information and instructions regarding submitting requests electronically can be found at: https://www.nwo.usace.army.mil/Missions/Regulatory-Program/Nebraska/

If you have any questions, please contact the Nebraska Regulatory Office at 402-896-0896 or send an email to NE404Reg@usace.army.mil

U.S. ARMY CORPS OF ENGINEERS – Omaha District
Nebraska Regulatory Office, 8901 South 154th Street, Suite 2, Omaha, NE 68138.
https://www.nwo.usace.army.mil/Missions/Regulatory-Program/Nebraska/

The US Army Corps of Engineers, Nebraska Regulatory Offices, through the Regulatory Program, administer and enforce Section 404 of the Clean Water Act in Nebraska for the Omaha District. Under CWA Section 404, a permit is required for the discharge of dredged or fill material into waters of the United States. Many waterbodies and wetlands in the nation are waters of the United States and are subject to the Corps' regulatory authority.