18 June 2025 - Army Corps of Engineers seeks public comments on proposal to renew and revise nationwide permits
The U.S. Army Corps of Engineers announced today it is seeking comments on its proposal to renew and revise 56 existing nationwide permits and issue one new nationwide permit authorizing activities associated with improving fish passage. Nationwide permits authorize activities in wetlands and other waters that are regulated by Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899.
“The streamlined set of nationwide permits proposed today offers a clear, efficient path for timely authorization of a broad range of project types, while upholding our commitment to protecting the nation’s navigable waters and vital aquatic resources,” said. Maj. Gen. Jason E. Kelly, USACE deputy commanding general for Civil and Emergency Operations.
Nationwide permits authorize activities that are similar in nature and cause only minimal adverse environmental impacts to aquatic resources separately or on a cumulative basis. Activities range from work associated with aids to navigation and utility lines to residential developments and maintenance activities.
The nationwide permits being proposed today will replace the current permits, which expire March 14, 2026. Many of those being proposed remain unchanged from 2021, the last time the nationwide permits were authorized.
USACE division engineers may add, after public review and consultation, regional conditions to nationwide permits to protect local aquatic ecosystems, such as fens or bottomland hardwoods or to minimize adverse effects on fish or shellfish spawning, wildlife nesting or other ecologically critical areas.
A public notice soliciting comments on the proposed set of revised nationwide permits was published in the June 18, 2025, Federal Register at https://www.federalregister.gov/documents/2025/06/18/2025-11190/proposal-to-reissue-and-modify-nationwide-permits. USACE will accept written comments through July 18, 2025. Comments may be submitted by e-mail to 2026nationwidepermits@usace.army.mil or through the Federal eRulemaking portal at www.regulations.gov at docket number COE-2025-0002, or by mail to U.S. Army Corps of Engineers, Attn: CECW-CO-R, 441 G Street NW, Washington, DC 20314-1000.
Additional information on the USACE regulatory program can be found at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx.
8 May 2025 - U.S. Army Corps of Engineers encourages use of Regulatory Request System for an improved permitting experience
Last year the U.S. Army Corps of Engineers introduced its new Regulatory Request System (RRS), an online application portal that allows the public to submit permit applications and other information when requesting permission to dredge, fill or conduct activities in jurisdictional wetlands and waters of the U.S.
RRS is accessible at https://rrs.usace.army.mil/rrs.
RRS users can submit individual permit applications, general permit pre-construction notifications, jurisdictional determination requests, and other information needed during the permit evaluation process using easy-to-follow online submission forms. Applicants can also track the status of their requests using a user-friendly dashboard.
RRS benefits the applicant by eliminating the burden associated with the preparation and mailing of paper applications. It also reduces some of the effort associated with processing applications and data entry making the permitting process more efficient. Click here to learn more about the benefits of RRS (RRS Testimonial Video).
For more information on the USACE Regulatory Program visit https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/.
For further details or to provide feedback about the RRS, please contact USACE at rrs@usace.army.mil.
15 April 2025 - Public Notice for EO 14156 (Special Emergency Processing Procedures) in Arkansas & Missouri
The U.S. Army Corps of Engineers (USACE), Southwestern Division and Northwestern Division has approved the use of special emergency processing procedures by the Little Rock District as the lead district in Arkansas / Kansas City District, as the lead district in Missouri, 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.
These special emergency processing procedures have been approved for activities associated with the identification, siting, production, transportation, refining, and generation of domestic energy sources, including energy infrastructure, that require Department of the Army authorization under Section 10 of the Rivers and Harbors Act of 1899, Section 404 of the Clean Water Act, and/or Section 103 of the Marine Research, Protection, and Sanctuaries Act of 1972, as amended, where there would be an unacceptable hazard to life, a significant loss of property, or an immediate, unforeseen, and significant economic hardship if the action requiring a permit is not undertaken within a time period less than the normal time needed to process the application under standard procedures.
The Little Rock District will follow these special emergency processing procedures outlined in EO 14156 in Arkansas for our Area of Responsibility (AOR), which was coordinated and implemented with Memphis and Vicksburg Districts in Arkansas. The Public Notice can be viewed at https://www.swl.usace.army.mil/Missions/Regulatory/Public-Notices/Article/4155615/eo-14156-in-arkansas/
As established by the Kansas City District, the Little Rock District will follow these special emergency processing procedures outlined in EO 14156 in Missouri for our Area of Responsibility (AOR), which was coordinated and implemented with the other four Corps districts in Missouri. The Public Notice can be viewed at https://www.swl.usace.army.mil/Missions/Regulatory/Public-Notices/Article/4155121/eo-14156-in-missouri/
6 January 2025 - Public Notices 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.
27 November 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!
15 May 2024 – Permit applications are now available in RRS!
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 now 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.
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.
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/