South Dakota 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.

28563 Powerhouse Road | Pierre | South Dakota | 57501 | Ph: 605-224-8531 | Fax: 605-224-5945

Email: SDRegulatoryMailbox@usace.army.mil

Regulatory Announcements

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.

 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

 December 1, 2022 – Release of the Interim Draft of the National Ordinary High Water Mark Field Delineation Manual for Rivers and Streams

The U.S. Army Corps of Engineers (USACE) and EPA (the Agencies) jointly announce the availability of the Interim Draft of the National Ordinary High Water Mark Field Delineation Manual for Rivers and Streams (National OHWM Manual) and its accompanying data sheet. The Interim Draft National OHWM Manual provides draft technical guidance for identifying and delineating the OHWM using a scientifically supported, rapid framework. The Agencies are requesting comments and feedback from the public and practitioners on the Interim Draft of the National OHWM Manual via the public notice linked below. Following the public comment period and additional field testing, comments and feedback received from the public and practitioners will be utilized to further refine the Interim Draft of the National OHWM Manual for clarity, consistency, and technical accuracy. The one-year testing and comment period ends on December 1, 2023. A final version of the National OHWM Manual is anticipated to be published during 2024.

During the period while the OHWM Manual is an interim draft, OHWM identification and/or delineation for official USACE Regulatory purposes should continue in accordance with the applicable OHWM definition in the Federal regulations, Regulatory Guidance Letter 05-05, and any applicable USACE district policies. However, USACE Regulatory staff are encouraged to test the Interim Draft of the National OHWM Manual and provide comments and feedback by emailing usace.ohwm@usace.army.mil.

The US Army Corps of Engineers, South Dakota Regulatory Office, through the Regulatory Program, administer and enforce Section 404 of the Clean Water Act in South Dakota 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.

Post-Flood Permitting - South Dakota

Click below for detailed information.

Graphic with link to post-flood permitting fact sheet.