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Regulatory Pledge

Public service is a public trust.  As Corps Regulators, we must earn this trust, and to keep this trust,  we must conduct ourselves in a manner that reflects the following principles:


PROFESSIONALWe will conduct ourselves in a professional manner in dealings with all our customers, including applicants, violators, agencies, interest groups and the general public.

FAIR AND REASONABLE - We will be open-minded, impartial, and consistent in our interactions with all our customers to ensure all actions and decisions are free from bias and are not arbitrary or capricious. Customers will be treated equally and with tolerance.

KNOWLEDGEABLE - We will remain knowledgeable of applicable laws, regulations, and scientific and technical advances which affect our program.

HONESTY - We will be truthful, straightforward, and candid in all dealings with our customers.

TIMELINESS - We will strive to provide our customers with timely regulatory responses regardless of whether those responses are favorable or adverse.

ACCOUNTABILITY - We will be decisive in all actions and accept responsibility for any of our decisions and resulting consequences. All decisions will be factual and properly documented.

RESPECT - We will treat our customers with dignity, courtesy, compassion, and sensitivity.

Regulatory Program Overview

White Oak Bayou

The Regulatory Program is committed to protecting the Nation's aquatic resources and navigation capacity, while allowing reasonable development through fair and balanced decisions.  The Corps evaluates permit applications for essentially all construction activities that occur in the nation's waters, including wetlands. Corps permits are also necessary for any work, including construction and dredging, in the nation’s navigable waters.

The Corps balances the reasonably foreseeable benefits and detriments of proposed projects, and makes permit decisions that recognize the essential values of the nation's aquatic ecosystems to the general public, as well as the property rights of private citizens who want to use their land. During the permit process, the Corps considers the views of other federal, state and local agencies, interest groups, and the general public.

The results of this careful public interest review are fair and equitable decisions that allow reasonable use of private property, infrastructure development, and growth of the economy, while offsetting the authorized impacts to the waters of the U.S. Unavoidable adverse impacts to the aquatic environment are offset by mitigation requirements, which may include restoring, enhancing, creating, and preserving aquatic functions and values. The Corps strives to make its permit decisions in a timely manner.

Regulatory News

8 September 2023 - EPA and the Army Issue Final Rule to Amend 2023 Rule

On August 29, 2023, the U.S. Environmental Protection Agency (EPA) and Department of the Army (the agencies) issued a final rule to amend the final “Revised Definition of ‘Waters of the United States’” rule, published in the Federal Register on January 18, 2023. This final rule conforms the definition of “waters of the United States” to the U.S. Supreme Court’s May 25, 2023, decision in the case of Sackett v. Environmental Protection Agency. Parts of the January 2023 Rule are invalid under the Supreme Court’s interpretation of the Clean Water Act in the Sackett decision. Therefore, the agencies have amended key aspects of the regulatory text to conform it to the Court’s decision. The conforming rule, "Revised Definition of 'Waters of the United States'; Conforming," published in the Federal Register and became effective today 8 September 2023. 

Where the January 2023 Rule is not enjoined, the agencies are implementing the January 2023 Rule, as amended by the conforming rule. In the jurisdictions and for the parties where the January 2023 Rule is enjoined, the agencies are interpreting the phrase “waters of the United States” consistent with the pre-2015 regulatory regime and the Supreme Court’s decision in Sackett. The below map illustrates which definition of “waters of the United States” is generally operative in each state across the country as a result of litigation challenging the 2023 Rule. The map is also available at https://www.epa.gov/wotus/definition-waters-united-states-rule-status-and-litigation-update. As the litigation continues, EPA will update the map, when possible, to reflect the most current information that is made available to the EPA and the Army.

Now that the conforming rule has become effective, the nationwide pause on issuance of certain approved jurisdictional determinations (AJDs) is now lifted in entirety. Effective immediately, USACE districts have resumed issuance of all AJDs nationwide under the applicable regulatory regime.

Please visit EPA’s Rule Status page for additional information about the status of the January 2023 Rule, as amended, and litigation.

29 August 2023 - To Conform with Recent Supreme Court Decision, EPA and Army Amend "Waters of the United States" Rule

The U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (the agencies) announced a final rule amending the 2023 definition of “waters of the United States” to conform with the recent Supreme Court decision in Sackett v. EPA. The agencies are committed to following the law and implementing the Clean Water Act to deliver the essential protections that safeguard the nation’s waters from pollution and degradation. This action provides the clarity that is needed to advance these goals, while moving forward with infrastructure projects, economic opportunities, and agricultural activities.

More information about the final rule is available here -  NOTE: Make “here” a weblink and link to https://www.epa.gov/newsreleases/conform-recent-supreme-court-decision-epa-and-army-amend-waters-united-states-rule .

The agencies will host a public webinar on September 12, 2023 to provide updates on the definition of “waters of the United States.” For registration information, please visit EPA’s webpage for the amendments rule. The agencies also plan to host listening sessions this fall with co-regulators and stakeholders, focusing on identifying issues that may arise outside this limited rule to conform the definition of “waters of the United States” with the Sackett v. EPA decision.

Learn more about this action on EPA’s “waters of the United States” website.

21 April 2023 - Definition of "Waters of the United States": Rule Status and Litigation Update

On December 30, 2022, the Environmental Protection Agency and the U.S. Department of the Army ("the agencies") announced the final "Revised Definition of 'Waters of the United States'" rule. On January 18, 2023, the rule was published in the Federal Register, and the rule took effect on March 20, 2023. However, in light of preliminary injunctions, the agencies are interpreting "waters of the United States" consistent with the pre-2015 regulatory regime in 26 States until further notice. See note below. The agencies developed the 2023 Rule with consideration of the relevant provisions of the Clean Water Act and the statute as a whole, relevant Supreme Court case law, and the agencies’ technical expertise after more than 45 years of implementing the longstanding pre-2015 “waters of the United States” framework. This rule also considers the best available science and extensive public comment to establish a definition of “waters of the United States” that supports public health, environmental protection, agricultural activity, and economic growth. More information about the final rule is available here.

For further information on this subject you can go to https://www.usace.army.mil/Media/Announcements/Article/3371994/21-april-2023-definition-of-waters-of-the-united-states-rule-status-and-litigat/

12 April 2023 - Joint Public Notice – Notice of Availability of the Beta Streamflow Duration Assessment Method for the Northeast or Southeast

The method, data forms, and training opportunities are available at: https://www.epa.gov/streamflow-duration-assessment/beta-streamflow-duration-assessment-method-northeast-and-southeast.  For additional information on the development of regional Streamflow Duration Assessment Methods for nationwide coverage, see: https://www.epa.gov/streamflow-duration-assessment.”

20 January 2023 - Army Publish 2022 National Wetland Plant List (NWPL) in Federal Register

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 2022 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 two plant species in the Arid West region.  The Federal Register Notice (FRN) for the 2022 NWPL update can be found here: 2023-01026.   The public comment period ends on 21 March 2023.

The two species and their draft 2022 wetland ratings by region, as well as the FRN, can also be viewed at the NWPL homepage, https://wetland-plants.sec.usace.army.mil/, under “2022 NWPL Update Information.”  A link to provide general or species-specific comments is also available at this location. Users are encouraged to submit literature citations, herbaria records, experiential references, monitoring data, and other relevant information.  Specific knowledge of, or studies related to, individual species are particularly helpful.  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 consideration.

USACE is also seeking comments regarding the NWPL update process and a proposed change to update the NWPL every three years, rather than the present every two years.  Detailed information on the update process, protocol, and technical issues can be found in the following documents (available on the “NWPL Publications” web page referenced above):

  1. Lichvar, Robert W. and Minkin, Paul. Concepts and Procedures for Updating the National Wetland Plant List. Sept 2008. ERDC/CRREL TN-08-3
  2. Lichvar, Robert W. and Gillrich, Jennifer J. Final Protocol for Assigning Wetland Indicator Status Ratings during National Wetland Plant List Update. Sept 2011. ERDC/CRREL TN-11-1

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 2022 and included review by Regional Panels and the National Panel.

Questions or Comments

Email:  CESWL-Regulatory@usace.army.mil
Phone Number:  501-324-5295


Submit Applications to:
U.S. Army Corps of Engineers
ATTN: CESWL-RD
P.O. Box 867
Little Rock, AR  72203

Customer Service Survey

The U.S. Army Corps of Engineers Little Rock District Regulatory Division is committed to improving service to our customers. Customer service is very important to the Regulatory Division staff in the Little Rock District and the Customer Service Survey Form will allow you to provide us with your input. This survey will be an on-going effort of the Division to assist us in continually improving the level of service to all of our customers. Your input is appreciated - favorable or otherwise. Periodic tabulation of the results of this survey will appear at this same site. At the end of the survey, you will be able to submit the completed form electronically if your browser is Internet Explorer or print out the form and mail it to the address below. Please click the following link to access the form:

National Customer Service Survey 

We hope your experience with the staff in the Division was a positive one. Your issues and concerns are important to me so please take a moment to fill out the survey form. 

For further information or to provide additional comments, please email us at: 

CESWL-Regulatory@usace.army.mil

Or, you can visit or call our offices, located at:

700 W. Capitol (Federal Building)
Room 6323
Little Rock, AR 72201-3221
Office # (501) 324-5295 Fax # (501) 324-6013