October 16, 2024 - Emergency Permitting Procedures in Effect for Hurricane Milton in Florida
Effective October 16, 2024, the Jacksonville District is approved to implement emergency permitting procedures to address emergency situations directly resulting from Hurricane Milton, which impacted Florida on October 9, 2024, through October 10, 2024. These alternate procedures are authorized until April 14, 2025. A Public Notice announcing this approval provides more information (click here to access the Public Notice). Applications requesting emergency permit authorization must be related to the event described above. You can find helpful information about emergency permitting at the top right of this page. Jacksonville District Regulatory Division is fully committed to helping those affected recover quickly from the effects of this storm.
Emergency Permitting Information
Emergency Permit Request Form
Please email the appropriate office (Office Locations Link) for further assistance with emergency permitting requests.
October 4, 2024 - Emergency Permitting Procedures in Effect for Hurricane Helene in Florida
Effective October 4, 2024, the Jacksonville District is approved to implement emergency permitting procedures to address emergency situations directly resulting from Hurricane Helene, which impacted Florida on September 26 and September 27, 2024. These alternate procedures are authorized until April 2, 2025. A Public Notice announcing this approval provides more information (click here to access the Public Notice page). Applications requesting emergency permit authorization must be related to the event described above. You can find helpful information about emergency permitting at the top right of this page. Jacksonville District Regulatory Division is fully committed to helping those affected recover quickly from the effects of this storm.
Emergency Permitting Information
Emergency Permit Request Form
Please email the appropriate office (Office Locations Link) for further assistance with emergency permitting requests.
September 27, 2024 - Emergency Permitting Procedures in Effect for Tropical Storm Ernesto in Puerto Rico and the U.S. Virgin Islands
Effective September 27, 2024, the Jacksonville District is approved to implement emergency permitting procedures to address emergency situations directly resulting from Tropical Storm Ernesto, which impacted Puerto Rico and the U.S. Virgin Islands on August 11, 2024, through August 18, 2024. These alternate procedures are authorized until March 26, 2025. A Public Notice announcing this approval provides more information (click here to access the Public Notice page). Applications requesting emergency permit authorization must be related to the event described above. You can find helpful information about emergency permitting at the top right of this page. Jacksonville District Regulatory Division is fully committed to helping those affected recover quickly from the effects of this storm.
Emergency Permitting Information
Emergency Permit Request Form
Please email the appropriate office (Office Locations Link) for further assistance with emergency permitting requests.
September 5, 2024 - Emergency Permitting Procedures in Effect for Hurricane Debby in Florida
Effective September 5, 2024, the Jacksonville District is approved to implement emergency permitting procedures to address emergency situations directly resulting from Hurricane Debby, which impacted Florida during the week of 05 August 2024. These alternate procedures are authorized until March 4, 2025. A Public Notice announcing this approval provides more information (click here to access the Public Notice page). Applications requesting emergency permit authorization must be related to the event described above. You can find helpful information about emergency permitting at the top right of this page. Jacksonville District Regulatory Division is fully committed to helping those affected recover quickly from the effects of this storm.
Emergency Permitting Information
Emergency Permit Request Form
Please email the appropriate office (Office Locations Link) for further assistance with emergency permitting requests.
June 26, 2024 - Emergency Permitting Procedures in Effect for Torrential Rain Event and Flashfloods in Puerto Rico
Effective June 26, 2024, the Jacksonville District is approved to implement emergency permitting procedures in response to conditions resulting from the passage of a trough that affected the island of Puerto Rico from May 1st through May 8th 2024, resulting in torrential rain and flash floods. These alternate procedures are authorized until December 23, 2024. A Public Notice announcing this approval provides more information (click here to access the Public Notice page). Applications requesting emergency permit authorization must be related to the event described above. You can find helpful information about emergency permitting at the top right of this page. Jacksonville District Regulatory Division is fully committed to helping those affected recover quickly from the effects of this storm.
Emergency Permitting Information
Emergency Permit Request Form
Please email the appropriate office (Office Locations Link) for further assistance with emergency permitting requests.
Regulatory Announcement
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.
*INFORMATION FOR APPLICANTS/AGENTS IN PUERTO RICO:
Pursuant to 33 CFR Part 325.1(c), on July 15, 1999 a Memorandum of Understanding between the US Army Corps of Engineers Regulatory Program (USACE-RD), the Puerto Rico Planning Board (PRPB), the Department of Natural and Environmental Resources (DNER) and the Environmental Quality Board (EQB) (Programs today under the DNER) was signed with the purpose of establishing a Joint Permit Application process for the permit programs of the parties regulating activities which affect or alter water resources, including wetlands, within the Commonwealth of Puerto Rico. The joint permit application process will apply at the Federal level to activities regulated pursuant to Section 401 and 404 of the Clean Water Act; Section 10 of the Rivers and Harbors Act of 1899; Section 103 of the Marine Protection, Research and Sanctuaries Act; and at the state level to the Regulation for the Use, Surveillance, Conservation and Management of the Territorial Waters, Submerged Lands thereunder and the Maritime Zone; with Act 144 of June 3, 1976; Law for the Conservation, Development and Use of Water Resources, Act 136 of June 3, 1976, as amended, and the Organic Law of the DNER, Act 23 of June 20, 1972, as amended; and the Coastal Zone Management Act
(CZMA) of 1972, as amended. This process does not change any of the regulatory requirements, responsibilities, or jurisdiction of each party.
The USACE, DNER and the PRPB, as mandated by Federal and Commonwealth laws as applicable, regulate many activities that affect water resources, including wetlands, located in Puerto Rico. These activities before they are performed must be authorized by the different agencies. The agencies have developed and collaborate on this joint application process to assist those individuals applying for the applicable permits for activities that will affect water resources, including wetlands, within the Commonwealth of Puerto Rico. The joint permit application process developed by these regulatory agencies has been designed and implemented to minimize the delays and effort associated with applying for a permit, and to ensure consistency on the projects being presented by applicants to the agencies.
The submittal in RRS would be the single application form (ENG 4345). It is no longer necessary to submit your application to the DNER. By utilizing the RRS to submit your application, you can apply for the following permits and or certifications that would be needed for projects that affect water resources in Puerto Rico:
- Department of the Army permits, administered by the USACE, to place fill in waters of the U.S. (Section 404 of the Clean Water Act), work in navigable waters of the U.S. (Section 10 of the Rivers and Harbors Act) and/or the of transport dredged material for Ocean Disposal (Section 103 of the Marine Protection, Research and Sanctuaries Act).
- Federal Consistency Certification with the Puerto Rico Coastal Zone Management Program from the Puerto Rico Planning Board (PRPB).
- Submerged Land Use Concession from the Department of Natural and Environmental Resources (DNER).
CLEAN WATER ACT SECTION 401 WATER QUALITY CERTIFICATE
On November 27, 2023, became into effect the provisions of the Clean Water Act (CWA) Section 401 Water Quality Certification Improvement Rule published in the Federal Register, Vol. 88, No. 186 of September 27, 2023 (40 CFR, Part 121). The aforementioned rule revised and replaced the 2020 regulatory requirements for water quality certification under Section 401 of the CWA, that had superseded the 1971 Rule (in effect at the time the 1999 Memorandum of Understanding was signed). The 2023 rule requires that all project proponents request a pre-filing meeting with the appropriate certifying authority at least 30 days prior to submitting a request for certification unless the certifying authority waives or shortens this requirement (40 CFR, Part 121.4). Also, the 2023 rule establishes the minimum contents of the request for certification and authorizes the certifying authorities to define other contents necessary for a request for certification (40 CFR, Part 121.5).
Therefore, a pre-filing meeting must be requested at least 30 days prior to submitting the water quality certificate request in accordance with the provisions of 40 CFR Part 121.4, if a CWA Section 401 certification is required for a USACE-RD’s permit. Although federal regulations do not set the agenda for the pre-filing meeting, a brief description of the proposed project focused on those activities subject to the USACE-RD’s permit must be provided.
You can find more information and copy of the 2023 rule through the following link:
https://www.epa.gov/cwa-401
To obtain any additional information regarding the CWA Section 401 Water Quality Certificate procedure in Puerto Rico, please contact the Point Sources Permits Division at (787) 999-2200 extension 6171 or via email at fuentesprecisadas@drna.pr.gov
JOINT PERMIT APPLICATION COORDINATION:
The joint application process begins by submitting an application to a central receiving agency. In the past was DNER, but now would be USACE via the RRS system (https://rrs.usace.army.mil/rrs). The USACE-RD will receive the applications submitted in RRS, assign a DA Application number, and will digitally distribute the copies of applications to the agencies involved. The NEW Joint Permit Application number would be the USACE DA assigned permit number. All applications must be submitted digitally in RRS and there is no need to deliver printed materials to any of the agencies as part of the initial application submittal package. Additional information could be required from each respective agency as they review for completeness the submittal package.
Applicants must provide the identification number corresponding to the state permits and endorsements of the project for which the permit is requested and attach a copy of them here in RRS. Currently, this information is required in block 26 of the application form ENG 4345. Among the most important state requirements for projects in Puerto Rico are the following:
- Copy of the environmental document filed with the PR Permit Management Office (OGPe)
- Environmental Compliance Determination issued by OGPe
- Demarcation of the Maritime Terrestrial Zone prepared by a surveyor and certified by the Department of Natural and Environmental Resources (DNER) if required.
Please be aware that for DNER, the Submerged Land Use Concessions authorization will require the presentation of a paid fee as part of DNER review for completeness process. Payment must be made by certified check or money order made payable to
the Secretary of Treasury. Payments must be made at the Cashiers Office (Oficina del Recaudador) at DNER.
For additional information please contact DNER at:
- In person: P.R. Department of Natural and Environmental Resources, Secretariat Office, Floor 1, Street 8839, km. 6.3, Sector El Cinco, San Juan, 00927, Puerto Rico (Coordinates 18.391921, -66.058944)
- By Mail: P.R. Department of Natural and Environmental Resources, Secretariat Office, San José Industrial Park, 1375 Ponce de León Avenue, San Juan, Puerto Rico 00926
- E-mail: ayudaciudadano@drna.pr.gov
- Phone: (787) 999-2200
- Webpage: http://www.drna.pr.gov/
USACE Pre-Construction Notification (PCN):
Regarding the use of the Pre-Construction Notification (PCN) Form as further defined in NWP General Condition 32, please be aware the FINAL REGIONAL CONDITIONS FOR THE 2021 NATIONWIDE PERMITS IN JACKSONVILLE DISTRICT (SAJ) (Effective Date for Regional Conditions for 16 NWPs: March 15, 2021 Effective Date for Modified Regional Conditions for 16 NWPs: February 25, 2022 Effective Date for Regional Conditions for 41 NWPs: February 25, 2022 Expiration Date for Regional Conditions for All NWPs: March 14, 2026), at part (A) (6) (b) states the following:
“PCN for activities in the Antilles shall be made through the Joint Permit Process using the most recent and valid Application for Department of the Army Permit (ENG Form 4345), and the form must indicate it is an NWP Pre-Construction Notification (PCN). The application must also contain the information described in General Condition 32. If the joint process changes before the expiration of these Regional Conditions, then follow the instructions in the announcement for such change.”
Support from Antilles Permit Section:
Please feel free to contact us for any additional information or questions. However, we encourage our applicants to please visit and review first the references information at our USACE Regulatory Division Webpage under “Source Book” to prepare a complete application for our consideration. Please visit the following link to access the location
and click on “Expand All” to see the content of each section: https://www.saj.usace.army.mil/Missions/Regulatory/Source-Book/
You may contact us for general pre-applications questions at: RD-Antilles@USACE.ARMY.MIL. Please do not send new applications to this email address. Follow the instructions in RRS and above to submit a new application. Applications received at this email directly from applicants will be returned to the sender by our office. We can also be reached by telephone at (787) 289-7040 (Monday to Friday from 9:00am to 4:00pm).
Antilles Permits Section Team
USACE Regulatory Division
Jacksonville District
U.S. Army Corps of Engineers
Fund. Ángel Ramos Annex Bldg., Suite 202
383 F.D. Roosevelt Ave.
San Juan, Puerto Rico 00918
Visitors Hours: 9:00am to 3:00pm (please call or email us in advance for an appointment).
WEB: https://www.saj.usace.army.mil/About/Divisions-Offices/Antilles-Office/
31 January 2024 – USACE launches new Regulatory Request System
HQ USACE Regulatory
January 31, 2024
USACE announces the launch of its new Regulatory Request System (RRS). RRS is designed to make the review of permit requests a transparent and efficient process for the public. RRS, currently in a beta version, provides general information on the Regulatory Program and allows the public to submit pre-application meeting requests and jurisdictional determination requests.
Additional capability is scheduled in Spring 2024. This added capability will allow users the ability to electronically submit individual and general permit applications and other necessary information, saving time and reducing the need for paper-based submissions.
RRS will streamline the permit application process and underscores USACE commitment to modernizing our application process, meeting user expectations, and providing a transparent, straightforward process for the timely review of permit requests.
Stay tuned for further updates on the full release of the RRS.Please click on the following link to access RRS:
For additional information on or to provide feedback on RRS, please contact the rrs@usace.army.mil.
September 05, 2023 - Emergency Permitting Procedures in Effect for Hurricane Idalia
Effective September 05, 2023, the Jacksonville District is approved to implement emergency permitting procedures to address the effects of Hurricane Idalia in the State of Florida. A Public Notice announcing this approval provides more information (click here to access the Public Notice page). This emergency permitting approval is limited to the State of Florida within the Jacksonville District and remains in effect for 180 days. Applications requesting emergency permit authorization must be related to Hurricane Idalia. You can find helpful information about emergency permitting at the top right of this page. Jacksonville District Regulatory Division is fully committed to helping those affected recover quickly from the effects of this storm.
Emergency Permitting Information
Emergency Permit Request Form
Please email the appropriate office (Office Locations Link) for further assistance with emergency permitting requests.
August 29, 2023 – To Conform with Recent Supreme Court Decision, EPA and Army Amend "Waters of the United States" Rule
On August 29, 2023, 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” (“WOTUS”) to conform with the recent Supreme Court decision in Sackett v. EPA. More information about the final rule is available here. The conforming rule will become effective upon publication in the Federal Register.
The agencies will host a public webinar on September 12, 2023, to provide updates on the definition of WOTUS. For registration information, please visit EPA’s webpage. 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 WOTUS with the Sackett v. EPA decision.
To learn more, visit EPA’s WOTUS website.
July 03, 2023 - WOTUS Rulemaking in Light of Sackett Supreme Court Decision
The Environmental Protection Agency and the U.S. Department of the Army (agencies) are in receipt of the U.S. Supreme Court's May 25, 2023, decision in the case of Sackett v. Environmental Protection Agency. In light of this decision, the agencies are interpreting the phrase “waters of the United States” (WOTUS) consistent with the Supreme Court’s decision in Sackett. The agencies are developing a rule to amend the final "Revised Definition of 'Waters of the United States'" rule, published in the Federal Register on January 18, 2023, consistent with the U.S. Supreme Court’s May 25, 2023, decision in the case of Sackett v. Environmental Protection Agency. The agencies intend to issue a final rule by September 1, 2023.
For the most up-to-date information on WOTUS rulemaking, visit https://www.usace.army.mil/missions/civil-works/regulatory-program-and-permits/juris_info/.
April 21, 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, including Florida, until further notice.
Check here for the most up-to-date information on the status of “waters of the United States” and litigation: https://www.usace.army.mil/missions/civil-works/regulatory-program-and-permits/juris_info/.
April 12, 2023 – Notice of Availability of the Beta Streamflow Duration Assessment Methods for the Northeast and Southeast
The U.S. Army Corps of Engineers (Corps) Baltimore, Buffalo, Charleston, Chicago, Detroit, Fort Worth, Galveston, Huntington, Jacksonville, Kansas City, Little Rock, Louisville, Memphis, Mobile, Nashville, New England, New Orleans, New York, Norfolk, Philadelphia, Pittsburgh, Savannah, St. Louis, Tulsa, Vicksburg, and Wilmington Districts, and the U.S. Environmental Protection Agency (EPA), Regions 1, 2, 3, 4, 5, 6, and 7 jointly announce the availability of the Beta Streamflow Duration Assessment Methods (SDAM) for the Northeast and Southeast.
The methods are rapid assessment tools to help distinguish between ephemeral, intermittent, and perennial streamflow at the reach scale for the Northeast and Southeast SDAM Regions. The beta SDAMs may help provide technical guidance for identifying waters that may be subject to regulatory jurisdiction under Section 404 of the Clean Water Act; however, these methods do not alter or change the definition of “Waters of the U.S.” These beta SDAMs were developed for use in all or part of the states of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New Jersey, Delaware, Maryland, New York, Pennsylvania, West Virginia, Virginia, North Carolina, South Carolina, Georgia, Florida, Louisiana, Alabama, Tennessee, Kentucky, Ohio, Indiana, Arkansas, Kansas, Illinois, Michigan, Missouri, Mississippi, Oklahoma, Texas, and the District of Columbia by the Corps and EPA. Due to differences in climate and a relatively small amount of data points, the Caribbean sites were not used to develop this iteration of the SDAM, nor is the Caribbean covered by the methods.
The agencies are making these beta SDAMs available for a one year preliminary implementation and comment period to inform the development of final SDAMs for the Northeast and Southeast.
To learn more: https://www.epa.gov/streamflow-duration-assessment/beta-streamflow-duration-assessment-methods-northeast-and-southeast
For the full public notice:
https://usace.contentdm.oclc.org/utils/getfile/collection/p16021coll15/id/2073
March 20, 2023 - Final Revised Definition of "Waters of the United States" Becomes Effective
On March 20, 2023, the final "Revised Definition of 'Waters of the United States'" rule (the “2023 Rule”) became effective. The 2023 Rule is operative in all U.S. jurisdictions except the states of Idaho and Texas.
The U.S. Department of the Army and U.S. EPA (“the agencies”) final rule establishes a clear and reasonable definition of “waters of the United States” and reduces the uncertainty from constantly changing regulatory definitions that has harmed communities and our nation’s waters.
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. The 2023 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.
Until further notice, federal Clean Water Act jurisdiction in Idaho and Texas will continue to be determined under the pre-2015 regime (the 1986 WOTUS regulation and associated 2003/2008 (SWANCC/Rapanos) guidance documents).
If a state, tribe, or an entity has specific questions about a pending jurisdictional determination or permit, please contact your local Regulatory office (see https://www.saj.usace.army.mil/Missions/Regulatory/Office-Locations/) or EPA.
More information about the final rule is available at: https://www.epa.gov/wotus/revising-definition-waters-united-states and https://www.usace.army.mil/missions/civil-works/regulatory-program-and-permits/juris_info/.
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.
Access the USACE Headquarters announcement, links to the public notice, manual and data sheet here: https://www.usace.army.mil/Media/Announcements/Article/3233308/1-december-2022-release-of-the-interim-draft-of-the-national-ordinary-high-wate/
January 18, 2023 – Final Revised Definition of “Waters of the United States
On December 30, 2022, the U.S. Environmental Protection Agency (EPA) 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. The rule will become effective on March 20, 2023. The agencies developed this 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 at: https://www.epa.gov/wotus/revising-definition-waters-united-states
January 23, 2023 – Federal Agencies Solicit Comments on Draft Changes to 2022 National Wetland Plant List
On January 20, 2023, 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, announced the availability of the draft changes to the 2022 National Wetland Plant List (NWPL). The Federal Register Notice (FRN) for the 2022 NWPL update is: https://www.federalregister.gov/documents/2023/01/20/2023-01026/national-wetland-plant-list. The public may submit comments via this link. The public comment period ends on March 21, 2023. As noted in the FRN, 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. All submitted comments and information will be compiled and sent to the National Panel for their 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 2022 and included review by Regional Panels and the National Panel. The NWPL homepage is: https://wetland-plants.sec.usace.army.mil.
Hurricane Ian – Emergency Permitting Procedures in Effect
Emergency Permit Request Form
Please email the appropriate office (Office Locations Link ) for further assistance with emergency permitting requests.
Effective September 29, 2022, the Jacksonville District is approved to implement emergency permitting procedures to address the effects of Hurricane Ian in the State of Florida. A Public Notice (Click Here) announcing this approval provides more information. This emergency permitting approval is limited to the State of Florida only within the Jacksonville District and remains in effect for 180 days. Applications requesting emergency permit authorization must be related to Hurricane Ian. Our webpage contains a separate link (Click Here) with helpful information about emergency permitting. Our Division is fully committed to helping those affected recover quickly from the effects of this storm.
Hurricane Fiona – Emergency Permitting Procedures in Effect
Emergency Permit Request Form
Please email our Antilles field office (email link ) for further assistance with emergency permitting requests.
Effective September 20, 2022, the Jacksonville District is approved to implement emergency permitting procedures to address the effects of Hurricane Fiona in the Antilles. A Public Notice (click here) announcing this approval provides more information. This emergency permitting approval is limited to the Jacksonville District only and remains in effect for 180 days. Applications requesting emergency permit authorization must be related to Hurricane Fiona. Our webpage contains a separate link with helpful information about emergency permitting. Our Division is fully committed to helping those affected recover quickly from the effects of this storm.
July 20, 2022 – Payment of Department of the Army Permit Fees via 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. Click here for a pay.gov payment walk-through which explains the process
January 5, 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. In light of this order, the agencies have halted implementation of the Navigable Waters Protection Rule (“NWPR”) nationwide and are interpreting “waters of the United States” consistent with the pre-2015 regulatory regime until further notice. The agencies are working expeditiously to move forward with the rulemakings announced on June 9, 2021, in order to better protect our nation’s vital water resources that support public health, environmental protection, agricultural activity, and economic growth. The agencies remain committed to crafting a durable definition of “waters of the United States” that is informed by diverse perspectives and based on an inclusive foundation.
On November 18, 2021, the agencies announced the signing of a proposed rule to revise the definition of “waters of the United States.” This proposal marks a key milestone in the regulatory process announced in June 2021. The agencies propose to put back into place the pre-2015 definition of “waters of the United States,” updated to reflect consideration of Supreme Court decisions. This familiar approach would support a stable implementation of “waters of the United States” while the agencies continue to consult with states, tribes, local governments, and a broad array of stakeholders in both the current implementation and future regulatory actions.
A durable definition of “waters of the United States” is essential to ensuring clean and safe water in all communities—supporting human health, animal habitat, agriculture, watersheds, flood management, local economies, and industry. This rulemaking process follows a review conducted by the agencies as directed by the January 20, 2021 Executive Order 13990 on “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis.”
Further details about the agencies’ plans, including information regarding the upcoming public meetings and proposed rule docket, can be found here.
An approved jurisdictional determination (“AJD”) is a document provided by the Corps stating the presence or absence of “waters of the United States” on a parcel or a written statement and map identifying the limits of “waters of the United States” on a parcel. See 33 C.F.R. § 331.2. Under existing Corps’ policy, AJDs are generally valid for five years unless new information warrants revision prior to the expiration date. See U.S. Army Corps of Engineers, Regulatory Guidance Letter No. 05–02, § 1(a), p. 1 (June 2005) (Regulatory Guidance Letter (RGL) 05–02).
As a general matter, the agencies’ actions are governed by the definition of “waters of the United States” that is in effect at the time the Corps completes an AJD, not by the date of the request for an AJD. AJDs completed prior to the court’s decision and not associated with a permit action (also known as “stand-alone” AJDs under RGL 16-01) will not be reopened until their expiration date, unless one of the criteria for revision is met under RGL 05-02. A NWPR AJD could also be reopened if the recipient of such an AJD requests a new AJD be provided pursuant to the pre-2015 regulatory regime. In that case, the Corps will honor such request recognizing that if the recipient of a NWPR AJD intends to discharge into waters identified as non-jurisdictional under the NWPR but which may be jurisdictional under the pre-2015 regulatory regime, such recipient may want to discuss their options with the Corps. AJD requests pending on, or received after, the Arizona court’s vacatur decision will be completed consistent with the pre-2015 regulatory regime.
As the agencies’ actions are governed by the regulatory definition at the time of the action, permit decisions made prior to the court’s decision that relied on a NWPR AJD will not be reconsidered in response to the NWPR vacatur. Permit decisions may be modified, suspended, or revoked per 33 C.F.R. § 325.7 where the regulatory criteria are met. The Corps will not rely on an AJD issued under the NWPR (a “NWPR AJD”) in making a new permit decision. The Corps will make new permit decisions pursuant to the currently applicable regulatory regime (i.e., the pre-2015 regulatory regime). Therefore, for any currently pending permit action that relies on a NWPR AJD, or for any future permit application received that intends to rely on a NWPR AJD for purposes of permit processing, the Corps will discuss with the applicant, as detailed in RGL 16-01, whether the applicant would like to receive a new AJD completed under the pre-2015 regulatory regime to continue their permit processing or whether the applicant would like to proceed in reliance on a preliminary JD or no JD whatsoever.
November 2, 2021 - The U.S. Army Corps of Engineers, 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 final 2020 National Wetland Plant List (NWPL). The Federal Register Notice for the 2020 NWPL update can be found here: https://www.federalregister.gov/documents/2021/11/02/2021-23891/national-wetland-plant-list
The NWPL provides plant species wetland 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. The list is effective as of 2 November 2021 and will be used in any wetland delineations performed after this date. Completed wetland delineation/determination forms should reference the version of the NWPL used to complete the form. The final NWPL is available at https://wetland-plants.sec.usace.army.mil/ (preferred browsers are Chrome and Firefox).
October 1, 2021- South County Transition (Palm Beach Gardens AOR to the Cocoa AOR )
The U.S. Army Corps of Engineers (Corps), Jacksonville District, Regulatory Division has updated the geographic area of responsibility for the Palm Beach Gardens and Cocoa Regulatory field offices. The new boundaries will allow the Corps to more effectively balance workload. Currently, the Palm Beach Gardens field office processes projects located in Okeechobee, St. Lucie, Martin, Palm Beach, and Broward Counties. Effective October 1, 2021, the Cocoa field office will process all in-coming (new) applications in Okeechobee, St. Lucie, and Martin Counties. The Palm Beach Gardens field office will continue to review projects within Palm Beach and Broward Counties, and shall also continue to process any pending applications within Okeechobee, St. Lucie and Martin Counties submitted prior to October 1, 2021.
As of October 1, 2021, all applications shall be submitted to the following locations:
For Counties: Palm Beach and Broward
Email: Application-sp@usace.army.mil
Hard Copy: U.S. Army Corps of Engineers
Palm Beach Gardens Permit Office
4400 PGA Boulevard, STE 500
Palm Beach Gardens, FL 33410
Phone: (561) 472-3504
Fax: (561) 626-6971
For Counties: Okeechobee, St. Lucie, Martin, Brevard, Indian River, Osceola, Orange, Seminole and Volusia
Email: Corpsjaxreg-nc@usace.army.mil
Hard Copy: U.S. Army Corps of Engineers
Cocoa Permit Office
400 High Point Drive, STE 600
Cocoa, Florida 32926
Phone: (321) 504-3771
Fax: (321) 504-3803
Map Link- Click Here
July 30, 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.
Here is the link to the Headquarters webpage to view the full announcement: https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/
June 9, 2021 - EPA, Army Announce Intent to Revise Definition of Waters of the United States:
The Environmental Protection Agency and Department of the Army have announced their intent to revise the definition of “waters of the United States” to better protect our nation’s vital water resources that support public health, environmental protection, agricultural activity, and economic growth.
“After reviewing the Navigable Waters Protection Rule as directed by President Biden, the EPA and Department of the Army have determined that this rule is leading to significant, permanent environmental degradation,” said EPA Administrator Michael S. Regan. “We are committed to establishing a durable definition of ‘waters of the United States’ based on Supreme Court precedent and drawing from the lessons learned from the current and previous regulations, as well as input from a wide array of stakeholders, so we can better protect our nation’s waters, foster economic growth, and support thriving communities.”
“Together, the Department of the Army and EPA will develop a rule that is informed by our technical expertise, is straightforward to implement by our agencies and our state and Tribal co-regulators, and is shaped by the lived experience of local communities” said Acting Assistant Secretary of the Army for Civil Works Jaime A. Pinkham.
The agencies’ new regulatory effort will be guided by the following considerations:
- Protecting water resources and our communities consistent with the Clean Water Act.
- The latest science and the effects of climate change on our waters.
- Emphasizing a rule with a practical implementation approach for state and Tribal partners.
- Reflecting the experience of and input received from landowners, the agricultural community that fuels and feeds the world, states, Tribes, local governments, community organizations, environmental groups, and disadvantaged communities with environmental justice concerns.
The agencies are committed to meaningful stakeholder engagement to ensure that a revised definition of waters of the United States considers essential clean water protections, as well as how the use of water supports key economic sectors. Further details of the agencies’ plans, including opportunity for public participation, will be conveyed in a forthcoming action. To learn more about the definition of waters of the United States, visit https://www.epa.gov/wotus.
December 22, 2020 – The State of Florida assumes a portion of the Section 404 of the Clean Water Act program.
On December 22, 2020, the Florida Department of Environmental Protection (DEP) assumed regulatory responsibility for a portion of Section 404 of the Clean Water Act (State 404 Program). The Corps continues to maintain Section 404 authority over certain waters, referred to as ‘retained’ waters. Retained waters include those waters that (1) are specifically listed in the Retained Waters List (2) waters subject to the ebb and flow of tide, and (3) wetlands adjacent thereto landward to a 300-foot administrative boundary. In the case of a project that involves a discharge of dredged or fill material both waterward and landward of the 300-foot guideline, the Corps will retain jurisdiction to the landward boundary of the project for the purposes of that project only. Click here to access FDEP's webpage for a map to help determine if your project resides in Retained Waters.
https://www.epa.gov/cwa404g