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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

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.

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

ps 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.

6 September 2022 - Paying for Individual Permit Fees Using Pay.gov

Applicants are now able to pay Department of the Army permit fees online at pay.gov instead of writing and mailing a check. This convenient option allows for multiple payment methods (bank account, Amazon account, PayPal, debit or credit card). The direct link for making Department of the Army permit fee payments on pay.gov is https://www.pay.gov/public/form/start/996412796.

5 January 2022 – Navigable Waters Protection Rule Vacatur

The Environmental Protection Agency and U.S. Army Corps of Engineers (“the agencies”) are in receipt of the U.S. District Court for the District of Arizona’s August 30, 2021, order vacating and remanding the Navigable Waters Protection Rule in the case of Pascua Yaqui Tribe v. U.S. Environmental Protection Agency.  Please see HQ USACE Notification located at https://www.usace.army.mil/Media/Announcements/Article/2888988/5-january-2022-navigable-waters-protection-rule-vacatur/ 

2 December 2021 - Water Quality Certifications and Corps Permitting

On October 21, 2021 the U.S. District Court for the Northern District of California issued an order vacating and remanding the Environmental Protection Agency’s 2020 regulations implementing Section 401 of the Clean Water Act.  On November 18, 2021, after a temporary pause on permit decisions reliant on a Section 401 water quality certification or waiver completed under the vacated regulations, Corps districts resumed making decisions on all permit applications and requests for nationwide permit verifications.  As part of that decision making process, districts will coordinate with certifying authorities on water quality certifications that are potentially impacted by the vacatur order.

Additional information regarding the vacatur can be found on EPA’s website at: https://www.epa.gov/cwa-401/2020-clean-water-act-section-401-certification-rule

30 July 2021 – EPA and Army Announce Next Steps for Crafting Enduring Definition of Waters of the United States

The Environmental Protection Agency (EPA) and the Department of the Army (Army) have announced plans for upcoming community engagements to inform their efforts to revise the definition of “waters of the United States” (WOTUS). EPA and Army have stated a commitment to developing a reasonable, effective, and durable definition of WOTUS that protects public health, the environment, and downstream communities while supporting economic opportunity, agriculture, and other industries.

EPA and Army are announcing a series of engagement opportunities, including an opportunity for stakeholders and the public to provide written recommendations and a series of public meetings in August to hear perspectives on the rulemaking. In addition, the agencies are initiating Federalism and Tribal consultations for the foundational rule. The agencies also intend to host a series of dialogues with state and Tribal co-regulators this fall to discuss both rulemakings.

The full announcement can be found here: https://www.epa.gov/newsreleases/epa-and-army-announce-next-steps-crafting-enduring-definition-waters-united-states.

For more information on submitting written recommendations or to register for the public meetings, see www.epa.gov/wotus.

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