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

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.

Regulatory Announcements

Expand List item 37852Collapse List item 37852  April 7, 2025 - Special Public Notice for Special Emergency Processing Procedures under E.O. 14156 in Montana, Nebraska, North Dakota, South Dakota, and Wyoming for Section 10 Rivers and Harbors Act and Section 404 Clean Water Action Permits.

The purpose of this notice is to advise the public that the U.S. Army Corps of Engineers (USACE), Northwestern Division has approved the use of special emergency processing procedures by the Omaha District in accordance with 33 CFR § 325.2(e)(4) for activities covered by the National Energy Emergency declared in Executive Order (EO) 14156. That EO was issued on January 20, 2025, under the President’s legal authorities, including the National Emergencies Act (50 U.S.C. §§ 1601 et seq.) and 3 USC § 301. For the reasons stated in Section 1 of EO 14156, the President has found that insufficient energy production, transportation, refining, and generation constitutes an unusual and extraordinary threat to our Nation’s economy, national security, and foreign policy and declared a national emergency on the basis of those findings. The President has directed agencies to use, to the fullest extent possible and consistent with applicable law, emergency USACE permitting provisions to facilitate the Nation’s energy supply.

Link to Public Notice:  Special Public Notice for Special Emergency Processing Procedures under E.O. 14156 in Montana, Nebraska, North Dakota, South Dakota, and Wyoming for Section 10 Rivers and Harbors Act and Section 404 Clean Water Action Permits.

 

Expand List item 37308Collapse List item 37308  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 37193Collapse List item 37193  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 (USACE) and the U.S. Environmental Protection Agency (EPA) jointly announce the availability of the Final National Ordinary High Water Mark Field Delineation Manual for Rivers and Streams (Final 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 37058Collapse List item 37058  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.

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.