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The Regulatory Program

The Walla Walla District Regulatory Office of the U.S. Army Corps of Engineers is responsible for administering the Regulatory Program in the State of Idaho.  The Regulatory Branch evaluates permit applications for essentially all work that occurs in “waters of the United States” that are regulated by the Corps, pursuant to Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.

All regulated activities occurring within jurisdictional areas require a permit from the Corps.  A few examples of areas that may be within the jurisdictional authority of the Corps are marshes, swamps, streams, creeks, rivers, ponds, lakes, seasonally saturated forested and non-forested wetlands.

Some examples of work activities within jurisdictional areas that require a permit include dredging of waterways, bank stabilization, recreational ponds and lakes, as well as the construction of piers, docks, marinas, fleeting areas, boat ramps, roads, residential and commercial developments, utility lines, and mining activities.

Program Authority

The majority of the Corps’ regulatory program falls under the authority of two laws:

1.  The Rivers and Harbors Acts of 1890 and 1899 establish permit requirements to prevent unauthorized obstruction or alteration of any navigable water of the United States.  The most frequently exercised authority is contained in Section 10, which covers construction, excavation, or deposition of materials in, over, under, next to all such waters; or any work which would affect the course, location, condition, or capacity of those waters.  This authority is granted to the Secretary of the Army.

2.  The Federal Water Pollution Control Act, more commonly known as the "Clean Water Act" is the second law that grants the Corps of Engineers authority for the Regulatory Program.  Under Section 404, this Act directs the Secretary of the Army, acting through the Chief of Engineers and after proper notice and opportunity for public comments and/or hearings, to issue a permit for the discharge of dredged and/or fill material into waters of the United States, including wetlands, at specified disposal sites.

Wetlands
Determining which areas qualify for protection as wetlands is a major aspect of the program.  The Corps’ 1987 Wetlands Delineation Manual is the federal manual for identifying and delineating wetlands.  In addition, the Walla Walla District Regulatory office uses the Arid West Regional Supplement and the Mountain West Regional Supplement.

Rivers and Harbors Act of 1899, Section 10
Clean Water Act, Section 404
Wetlands