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Regulatory Division Jurisdiction

The following explains possible determinations made by the Corps of Engineers regarding permit applications.

No Jurisdiction

The Corps will review the information you provide, conduct a site visit or both to determine if the project area contains waters of the United States under the Corps Regulatory jurisdiction. If the project area does contain waters of the United States, the Corps will determine if your project would involve a regulated activity. If neither of these two circumstances is found to be true than no permit would be required from the Corps of Engineers. See no jurisdictions below.

Approved Jurisdiction

Section 10 of the Rivers and Harbors Act of 1899 requires approval prior to the accomplishment of any work in, over or under navigable waters of the United States, or which affects the course, location, condition or capacity of such waters.

Typical activities requiring authorization under Section 10 include:

  • Construction of piers, wharves, breakwaters, jetties, weirs, marinas, ramps, floats, intake structures, and cable or pipeline crossings.
  • Work such as dredging or disposal of dredged material.
  • Excavation, filling or other modifications to navigable waters of the United States.

Section 404 of the Clean Water Act requires permit authorization to discharge dredged or fill material into the waters of the United States, including wetlands.

Typical activities requiring authorization under Section 404 include:

  • Discharging fill or dredged material in waters of the United States, including wetlands.
  • Site development fill for residential, commercial or recreational projects, including mechanized land clearing.
  • Construction of breakwaters, levees, dams, dikes and weirs.
  • Placement of riprap and road fills.

See approved jurisdictions below.