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 US. The 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 that minimizes impacts to the regulated public.
- Application Form – Please use this form, dated July 2013, until further notice. When the expiration date is extended, this form will be updated with a new expiration date.
- Application Form Instructions
- Regulations and Guidance
- The Compensatory Mitigation Program (trading man-made wetlands for destroyed wetlands)
Articles
What Wetlands Are Regulated? Jurisdiction of the §404 Program
A Citizen’s Guide to the Corps of Engineers: The Regulatory Program Clean Water Act Section 404 Permits
Cases
Hawkes Co. v. U.S. Army Corps of Engineers, 782 F.3d 994 (8th Cir. 2015) (Petition for rehearing – Hawkes Co. v. U.S. Army Corps of Engineers, 782 F.3d 994 (8th Cir. 2015))
8th Cir finds that jurisdictional determinations are final agency act for purposes of standing. This creates a circuit split.