Regulatory Program Overview
The Corps of Engineers regulates construction and other
work in navigable waterways under Section 10 of the Rivers
and Harbors Act of 1899 and the discharge of dredged or fill material into "waters of the United States" under Section 404 of the Clean Water Act. "Waters of the United States" are navigable waters, tributaries to navigable waters, wetlands adjacent to those waters and/or isolated wetlands that have a demonstrated interstate commerce connection. The Corps also regulates certain discharges associated with the excavation and grading within those waters.
The "Section 404" program is the principal way by which
the federal government protects wetlands and other aquatic environments.
The program's goal is to ensure protection of the aquatic environment,
while allowing for necessary economic development. The Corps also
regulates dredged material in ocean waters under Section 103 of the
Marine Protection, Research and Sanctuaries Act of 1972 (MPRSA) (Public
Law 92-532). New England's offshore disposal sites, covered by the
Clean Water Act and MPRSA, are managed and monitored through our Disposal
Area Monitoring System (DAMOS).
The permit evaluation process includes a public notice
with a public comment period. Application for complex
projects may also require a public hearing before the
Corps makes a permit decision. In its evaluation of applications,
the Corps is required by law to consider all factors involving
the public interest. These may include economics, environmental
concerns, historical values, fish and wildlife, aesthetics,
flood damage prevention, land use classifications, navigation,
recreation, water supply, water quality, energy needs,
food production and the general welfare of the public.
Beginning in the 1980s, the Corps integrated all of its general permits, including the Nationwide Permits (NWP), into each of the six New England states’ PGPs to simplify and streamline Federal permitting for the public. There is now a comprehensive PGP in place for each of the six New England states, covering all minimal impact work (Section 404, Section 10, and dredging with open water disposal). These State General Permits allow applicants to do work for which a state permit has been issued thereby reducing delays and paperwork for applicants and allowing the Corps to devote its resources to the most significant cases while maintaining the environmental safeguards of the Clean Water Act.
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