NORTHWESTERN DIVISION

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Regulatory Appeals

The Corps of Engineers has an administrative appeal process whereby applicants and landowners may appeal denied permits, issued permits that contain requirements that are unacceptable to the applicant, or jurisdictional determinations. These decisions are made by Corps District offices. The request for an appeal of such decisions, are appealed to the Corps Division offices. Requests for appeal must be furnished to the Division office within 60 days of the date of the appealable decision. A site visit or an appeal conference or meeting may be conducted during the appeal process. A decision on the merits of the appeal based on the administrative record is normally made in 90 days. The Division will either uphold the District decision or remand the decision to the District, with specific instructions on how to correct any procedural error that was prejudicial to the appellant (i.e., that was not a "harmless" procedural error), or to reconsider the decision where any essential part of the decision was not supported by accurate or sufficient information, or analysis, in the administrative record.

Appeal Decisions, Regulations, Forms and Flowcharts

Administrative Appeal Decisions: Summarized administrative appeals received in the Northwestern Division

Below are links to the Division’s appeal regulations, forms, and flow charts.

Administrative Appeal Regulation: Complete text of the Federal Register, Part III dated Tuesday, March 28, 2000
Appeal Form: Form describing rights and options regarding administrative appeals.
Regulatory Guidance Letter 06-01: Determining the Timeliness of Request for Appeal (RFA)

The following Appendices are included in the Administrative Appeal regulation and provide flowcharts of the following;

Appendix A: Administrative Appeal Process for Permit Denials and Proffered Permits
Appendix B: Applicant Options with Initial Proffered Permit
Appendix C: Administrative Appeal Process for Approved Jurisdictional Determinations
Appendix D: Process for Unacceptable Request for Appeal

Video Modules

Below are a series of informational videos designed to educate potential appellants on the Regulatory Appeal process. These videos will help an appellant quickly understand what the appeal program is and what information is needed for the review of a request for appeal.