How the process works: Administrative Appeals of Corps of Engineers Regulatory Program Decisions

The Corps of Engineers has an administrative appeal process whereby applicants and landowners may appeal decisions made by a Corps District Office. Appealable decisions include denied individual permits, issued individual permits with special conditions that are unacceptable to the applicant, and approved jurisdictional determinations.

The request for an appeal of such decisions is submitted to the Corps Division office and must be received by the Division within 60 days of the date of the appealable decision. A site visit, an appeal conference, or a meeting may be conducted during the appeal process. A decision on the merits of the appeal is based on a review of the administrative record and is normally made in 90 days.

If the Division determines that the appeal has merit, the Division will remand the decision to the District with instructions to correct a procedural error and/or further document the District's decision.

For more information, please visit the U.S. Army Corps of Engineers Regulatory Program and Permits page.

- Administrative Appeal Decisions – a table that summarizes ALL administrative appeals received in the Pacific Ocean Division.

- Links to additional information on the appeal process, including the regulations, forms, flowcharts:

• March 28, 2000 Federal Register Final Rule for Appeal Program

• APPENDIX A – Flowchart of the Administrative Appeal Process for Permit Denials and Proffered Permits.

• APPENDIX B – Flowchart for Applicant Options with Initial Proffered Permit.

• APPENDIX C – Flowchart of the Administrative Appeal Process for Approved Jurisdictional Determinations.

• APPENDIX D – Flowchart process for Unacceptable Request for Appeal.

U.S. Army Corps of Engineers Pacific Ocean Division
ATTN: Regulatory and Environmental Program Manager (CEPOD-PDC)
573 Bonney Loop, Bldg. 525
Fort Shafter, HI 96858-5440

Phone: (808) 835-4626
Fax: (808) 835-4613