The Regulatory Program administers and enforces Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act.
Under Section 10, a Department of Army permit is required for work or structures in, over, or under navigable waters of the United States. Under Section 404, a Department of Army permit is required for the discharge of dredge/fill material into waters of the United States, including wetlands.
Many water bodies and wetlands in the nation are waters of the United States and are subject to the Department of Army Corps of Engineers Section 404 regulatory authority. The Corps of Engineers Walla Walla District regulates those navigable waters, waterways, shorelines, wetlands, most perennial and intermittent rivers and streams, natural and man-made lakes and ponds, as well as irrigation, drainage canals and ditches that are tributaries to other waters located within the State of Idaho.
The Department of the Army Regulatory Program is one of the oldest in the federal government. Initially, it served a fairly simple purpose: to protect and maintain the navigable capacity of the nation’s waters. Changing public needs, evolving policy, court decisions and new statutory mandates have changed several aspects of the program, including its breadth, complexity and authority.