Vicksburg District > Missions > Regulatory > Jurisdictional Determinations

Vicksburg District

Home > > >

Completed Actions

Approved JDs (2010-Present)

Program Links

Public Notices
"The decision whether to issue a permit is based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity and its intended use on the public interest" (33 CFR 320.4(a)). In order to better evaluate the detriments and benefits of a project to the public, input is solicited from the public at large. The major tools used to interact with the public are the public notice, public hearing and input from other interested parties. Public notices are issued within 15 days of receipt of all requested information to make an application complete. Comments in response to public notice accepted for 15 to 30 days, unless U.S. Fish and Wildlife Service or the Environmental Protection Agency requests and are granted an extension. Comment period is not to exceed 60 days. Public hearings usually require a separate notice; the hearing may not occur earlier than 30 days from the date of that notice. Click on the application number below to view the entire public notice (maps and drawings included). You will need Adobe Acrobat reader to view these documents.
Permits
Jurisdictional Determinations
Mitigation
Violations & Compliance
Permit Appeals
ORM Permit Decisions
The Corps of Engineers, Regulatory program, regulates work and structures that are located in, under or over navigable waters of the United States under Section 10 of the Rivers and Harbors Act of 1899, the discharge of dredged or fill material into waters of the United States under Section 404 of the Clean Water Act, and the transportation of dredged material for the purpose of disposal in the ocean (regulated by the Corps under Section 103 of the Marine Protection, Research and Sanctuaries 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.
WRDA/TEA/DOT
Cultural Resources Info
Endangered Species Info
FAQs

Jurisdictional Determinations

The Regulatory Branch's jurisdiction is subject to the River and Harbors Act and the Clean Water Act. Section 9 & 10 of the Rivers and Harbors Act of 1899 includes all navigable waters. This includes the territorial seas and those waters of the United States that are subject to the ebb and flow of the tide shoreward to the mean high water mark, and/or are presently used or have been used in the past, or may be susceptible to use to transport interstate or foreign commerce.

Section 404 of the Clean Water Act regulates discharges of dredged/fill material into waters of the United States. "Waters of the United States" is broadly defined to include waters whose alteration could or does influence interstate and international commerce. These waters include navigable waters, interstate waters, intrastate lakes, rivers, streams (including intermittent streams), mud flats, sand flats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds. This section 404 jurisdiction is defined as encompassing Section 10 waters plus their tributaries, adjacent wetlands and isolated waters. Final authority regarding Clean Water Act jurisdiction remains with the Environmental Protection Agency.

A Jurisdictional Determination (JD) is the procedure of identifying and locating jurisdictional waters of the United States regulated by the Corps of Engineers under Section 404 of the Clean Water Act and Section 10 of the Rivers & Harbors Act of 1899, and is commonly referred to as the “JD process”, a “wetland determination” or “delineation”. This process is essential when investigating, planning, designing, or submitting an application for a permit from the Corps to determine if the proposed activity will impact jurisdictional waters of the United States.

The Corps receives thousands of requests each year to perform JDs. Due to limited staff and resources, response time can be several months or longer. To expedite the JD process, we encourage applicants (commercial or private) to use a consultant to conduct wetland delineations whenever possible, especially for project areas greater than 5 acres. The consultant will delineate the extent of wetlands and other waters of the United States within the project area. The consultant should then submit the delineation report to the Corps for concurrence. Once a JD is completed for the project area, a determination of permit requirements can be made at that time.

To request a Jurisdictional Determination prior to submitting a permit application, please include a letter which addresses the information needed to complete an Approved Jurisdictional Determination. In most cases, a Preliminary Jurisdictional Determination is the most efficient type of JD for a given site. Preliminary JDs are non-binding and advisory in nature and cannot be appealed, while an Approved JD is appealable.