The US Army Corps of Engineers has been regulating activities in the nation's waters since 1890. Until the 1960's the primary purpose of the regulatory program was to protect navigation. Since then, as a result of laws and court decisions, the program has been broadened so that it now considers the full public interest for both the protection and utilization of water resources.

The Corps authority to regulate work in the Nations’ waters comes from Section 10 of the Rivers and Harbors Act of 1899, which established permit requirements to prevent unauthorized obstruction or alteration of any navigable water of the United States, and Section 404 of the Clean Water Act, which authorizes the Corps to require permits for the discharge of dredged or fill material into waters of the United States at specified disposal sites.

Of great importance in the evaluation of an application for a permit is the Corps public interest balancing process. The public benefits and detriments of all factors relevant to each case are carefully evaluated and balanced. Relevant factors may include conservation, economics, aesthetics, wetlands, cultural values, navigation, fish and wildlife values, water supply, water quality, and any other factors judged important to the needs and welfare of the people.

Public involvement plays a central role in the Corps' administration of its regulatory program. Interaction with the public, through public notice and public hearing, is critical to solicit comments and information necessary to evaluate the beneficial and detrimental impacts of a proposed project on the public interest.
The intent of these laws and the Corps regulatory program is to protect the Nation’s navigable waters from unpermitted obstructions and to restore and enhance the physical, chemical, and biological integrity of the Nation’s waters, including wetlands.