The U.S. Army Corps of Engineers has permitting authority over activities affecting waters of the United States. Waters of the United States include surface waters such as navigable waters and their tributaries, all interstate waters and their tributaries, natural lakes, all wetlands adjacent to other waters, and all impoundments of these waters
Two federal statutes mandate the Corps jurisdiction over navigable waterways and adjacent wetlands. These are Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act. Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act applies to all navigable waters of the United States and Section 404 of the Clean Water Act applies to all waters including wetlands that have sufficient nexus to interstate commerce. The diagram below illustrates the lateral limit where Section 10 and Section 404 apply.
The Savannah District, Corps has three approaches to complete a jurisdictional determination (JD) for the purpose of establishing jurisdiction pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403) and Section 404 of the Clean Water Act (33 USC 1344). The three type of JDs are Preliminary, Expanded Preliminary, and Approved JDs as outlined in the March 4, 2009 Public Notice "Characterization of Jurisdictional Determinations: Purpose, Application and Documentation Requirements as Defined by the Savannah District, US Army Corps of Engineers".
A Preliminary JD can only be used to determine that wetlands or other waterbodies on a site “may be” waters of the United States. This type of JD is used for initial planning purposes.
An Expanded Preliminary JD is similar to a Preliminary JD in that it states there “may be” jurisdictional waters on-site. However, they are accompanied by a formal survey that clearly identifies waters, including wetlands, on the site. This is the most utilized type of JD and recommended for most permits.
The most complex type of JD is the Approved JD. An approved JD is an official determination that there are, or are not waters of the United States on a site or that a specific wetland or waterbody is not jurisdictional.
To request for a Jurisdictional Determination, please provide our office with a signed copy of the Request for Jurisdictional Determination Form.
Savannah District will now accept GPS delineations, provided the following minimum requirements are met, and the GPS Delineation Form is completed and submitted with the GPS delineation. GPS requirements include:
- An experienced wetland delineator is present during data acquisition.
- The GPS device is capable of sub-meter accuracy.
- GPS data has post-processing differential correction using closest continually operated reference station.
- Percent Dilution of Position (PDOP) of 6 percent or less is met.
- One or more property corners and/or monuments is located by the GPS and compared to the known location as a measure of accuracy.
- Waypoints are taken at an appropriate frequency to show an accurate footprint of the wetland area.
- The wetland drawing is accompanied by a brief description of the GPS equipment used and which Geographic Coordinate System is used.