WASHINGTON – The U.S. Army Corps of Engineers (USACE) announced today that it has prepared its proposal to renew and revise 56 of 57 existing nationwide permits for work 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. USACE will propose not to reissue one nationwide permit authorizing activities associated with finfish mariculture.

USACE will also propose to issue one new nationwide permit that pertains to authorizing activities to facilitate fish passage. 

A prepublication copy of the proposal has been posted on the USACE website at: https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/National-Notices-and-Program-Initiatives/ 

The proposal is scheduled to be published in the Federal Register by the end of June and will be announced in a separate news release. The public comment period will not begin until the proposal is published in the Federal Register. The news release and Federal Register Notice will provide information on how public comments should be submitted.

The 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.

Following the public comment period, USACE will review the comments received and prepare final nationwide permits that will replace the current set. Sixteen of the current nationwide permits went into effect March 15, 2021, and 41 went into effect Feb. 25, 2022. All the current nationwide permits are set to expire March 14, 2026.

Additional information about the USACE Regulatory Program can be found at: https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/.  

The Department of the Army and the U.S. Army Corps of Engineers (USACE) announced we are seeking comments on an interim final rule that establishes new National Environmental Policy Act (NEPA) implementing regulations at Title 33 Code of Federal Regulations (CFR) part 333 for the USACE Regulatory Program and the USACE Section 408 Program. The interim final rule became effective on July 3, 2025 for Regulatory Program permit applications and Section 408 permission requests submitted to the USACE on or after July 3, 2025. The new USACE NEPA implementing procedures at 33 CFR 333 replace the Corps Regulatory Program’s previous NEPA implementing procedures at 33 CFR 325, appendix B.

A public notice soliciting comments on the interim final rule was published in the July 3, 2025, Federal Register at

https://www.federalregister.gov/documents/2025/07/03/2025-12360/procedures-for-implementing-nepa-processing-of-department-of-the-army-permits. Department of the Army and USACE will accept written comments through August 4, 2025. Comments may be submitted through the Federal eRulemaking portal at www.regulations.gov at docket number COE-2025-0006.

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.   

However, at this time the RRS system does not accept the Idaho Joint Application Permit Form.  The Army Corps of Engineers (Corps), the Idaho Department of Water Resources (IDWR), and Idaho Department of Lands (IDL) has established a joint process for activities impacting jurisdictional waterways that require review and/or approval of both the Corps and the State of Idaho. We encourage applicants to continue to use the Idaho Joint Application for Permit in the interim. 

Click the link below to be taken to the Idaho Joint Permit Application:

 Joint Application for Permit  (For Idaho applicants only).

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.

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 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.     

At this time the RRS system does not accept the Idaho Joint Application Permit Form.  The Army Corps of Engineers (Corps), the Idaho Department of Water Resources (IDWR), and Idaho Department of Lands (IDL) has established a joint process for activities impacting jurisdictional waterways that require review and/or approval of both the Corps and the State of Idaho. The Stream Application Alteration Permit is the same application as the Walla Walla District Corps of Engineers 404 Joint Application. You only need to fill out the application once; you can send the same copy to all agencies as needed. 

We encourage applicants to continue to use the Idaho Joint Application for Permit in the interim, please visit Walla Walla District > Business With Us > Regulatory Division > Joint Application for Permit (army.mil) for information for applying for a permit.

Click the link below to be taken to the Idaho Joint Permit Application:

 Joint Application for Permit 

We encourage users to explore and utilize the new Regulatory Request System to take advantage of its benefits and features. The RRS link is rrs.usace.army.mil

For additional information on or to provide feedback on RRS, please contact USACE using the following email: rrs@usace.army.mil. 

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: rrs.usace.army.mil

For additional information on or to provide feedback on RRS, please contact the rrs@usace.army.mil.

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 be 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.

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.

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.

• Link to Public Notice: https://usace.contentdm.oclc.org/utils/getfile/collection/p16021coll15/id/756
• Link to Interim Draft of the National OHWM Manual: http://dx.doi.org/10.21079/11681/46102
• Link to additional information on the research supporting OHWM identification and delineation: https://www.erdc.usace.army.mil/Media/Fact-Sheets/Fact-Sheet-Article-View/Article/486085/ordinary-high-water-mark-ohwm-research-development-and-training/

On April 6, 2022, the U.S. Supreme Court issued a stay of the October 2021 order by the U.S. District Court for the Northern District of California that vacated EPA’s 2020 Clean Water Act Section 401 Certification Rule. The stay of the vacatur applies nationwide. Therefore, the CWA Section 401 certification process is once again governed by the CWA section 401 certification regulations promulgated by EPA in 2020. Districts will confer with certifying authorities regarding water quality certification decisions they issued on or after April 6, 2022 to determine whether they would like us to review those decisions under EPA’s 2020 Rule, or if they would like us to extend the reasonable period of time (when possible within the one year statutory limit) to allow the certifying authority to process the WQC request under EPA’s 2020 Rule. Permit actions or general permit verifications that were finalized prior to April 6, 2022 do not have to be revisited. Additional information regarding the stay can be found on EPA’s website at: https://www.epa.gov/cwa-401/qa-stay-2020-rule-vacatur

The U.S. Army Corps of Engineers (USACE) announces the release of the ENG Forms 6116 (1-9), Automated Wetland Determination Data Sheet (ADS), and the associated “User Guide for Automated Wetland Determination Data Sheets.” These documents are available at the USACE Regulatory Headquarters website in both Portable Document Format (PDF) and Microsoft Excel (Excel) file formats. Practitioners should, at a minimum, utilize the PDF versions of the Office of Management and Budget approved forms to document the presence or absence of wetlands for the applications related to the administration of the Clean Water Act (CWA) and the Rivers and Harbors Act (RHA). The Excel-based ADS is an optional tool.  However, the PDF versions do not provide the automated features found in the Excel-based versions.

LINK TO ADS AND USER GUIDE: (https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/reg_supp/).  (under “General Information”)

Wetland determination data forms are used to document the presence or absence of wetlands, as  outlined in the Regional Supplements to the Corps of Engineers Wetland Delineation Manual (Regional Supplements). The wetland determination data forms included in the Regional Supplements were initially published as PDF files which were intended to be manually completed by hand. A subsequent collaboration between the USACE Detroit District and the U.S. Army Engineer Research and Development Center’s Wetlands Regulatory Assistance Program resulted in the development of an automated, Excel-based ADS for each of the 10 Regional Supplements and an associated user guide to aid in ADS application. 

The Excel-based ADS increases technical accuracy by reducing errors, and increases efficiency by automatically populating many of the field indicators of wetland hydrology, hydrophytic vegetation, and hydric soils. The ADS incorporates or includes the following:

• Similar layout as the Regional Supplement wetland determination data forms,
• Application of the most up-to-date plant species wetland indicator status ratings from the National Wetland Plant List (currently the 2020 National Wetland Plant List, version 3.5),
• Automated calculation of hydrophytic vegetation indicators,
• Automated interpretation of most hydric soil indicators and certain wetland hydrology indicators,
• Automated features prompting users to complete or review required information,
• Exportable to PDF or other electronic format, and the ability to print formatted hard copies, and
• Application of the most up-to-date field indicators of hydric soils (currently version 8.2).

The ADS is utilized to document the presence or absence of wetlands. A wetland delineation alone is not a determination of the jurisdictional status of an area under the CWA or the RHA. Additional information and analysis beyond wetland delineation protocols is required to determine if an area is subject to CWA and/or RHA jurisdiction. The ADS do not provide any new guidance regarding wetland identification or delineation, or change USACE Regulatory program policies. Rather, the ADS provide a tool to help improve the efficiency and accuracy of field data collection and reporting. Users remain responsible for ensuring that wetland delineation data entry and analysis are accurate when utilizing the ADS for CWA and RHA applications.

For additional information on or application of the ADS, or to submit error reports, please contact autodatasheet@usace.army.mil.