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Contact Us

Regulatory Division
4155 Clay Street
Vicksburg, Mississippi 39183-3435
Ph: (601) 631-7071
regulatory@usace.army.mil

 


 

   

 

List of Consultants

This is a Consultants' List
(environmental / wildlife / wetland / cultural).  This is not an all-inclusive list nor an approved list of consultants.   The Vicksburg District is not endorsing, recommending, or making any judgment on the listed consultants qualifications, experience, or quality of work.  This list is provided as a courtesy to the regulated public and as a starting point for potential applicants who have asked for consultant help in permitting issues.

Welcome to the Vicksburg District Regulatory Division

The Department of the Army's Regulatory Program is one of the oldest in the federal government. Initially, it served a simple purpose: to protect and maintain the navigable capacity of the nation's waters. Changing public needs, evolving policy, court decisions and new statutory mandates have changed several aspects of the program including its breadth, complexity and authority.

The U.S. Army Corps of Engineers (USACE), through the Regulatory Program, administers and enforces Section 10 of the Rivers and Harbors Act of 1899 (RHA) and Section 404 of the Clean Water Act (CWA).  Under RHA Section 10, a permit is required for work or structures in, over or under navigable waters of the United States. Under CWA Section 404, a permit is required for the discharge of dredged or fill material into waters of the United States. Many waterbodies and wetlands in the nation are waters of the United States and are subject to USACE's regulatory authority.

The Mission of the USACE Regulatory Program is to protect the Nation’s aquatic resources, while allowing reasonable development through fair, flexible and balanced permit decisions.

The Vicksburg District's goals are to provide strong protection of the Nation’s aquatic environment, including wetlands, to enhance the efficiency of the Corps' administration of its regulatory program, and to ensure that the Corps provides the regulated public with fair, timely, and reasonable decisions.

Note: Information about Recreation Passes and activities at Corps Recreation Sites is available on the Vicksburg District's Recreation web page.

New Announcements

31 January 2024 - USACE Launches New Regulatory Request System

USACE announces the launch of its new Regulatory Request System (RRS). RRS is designed to make the review of permit requests a transparent and efficient process for the public. RRS, currently in a beta version, provides general information on the Regulatory Program and allows the public to submit pre-application meeting requests and jurisdictional determination requests.

Additional capability is scheduled in Spring 2024. This added capability will allow users the ability to electronically submit individual and general permit applications and other necessary information, saving time and reducing the need for paper-based submissions.

RRS will streamline the permit application process and underscores USACE commitment to modernizing our application process, meeting user expectations, and providing a transparent, straightforward process for the timely review of permit requests.

Stay tuned for further updates on the full release of the RRS. Please click on the following link to access RRS: rrs.usace.army.mil

For additional information on or to provide feedback on RRS, please contact the rrs@usace.army.mil.

8 September 2023 - EPA and the Army Issue Final Rule to Amend 2023 Rule

On August 29, 2023, the U.S. Environmental Protection Agency (EPA) and Department of the Army (the agencies) issued a final rule to amend the final “Revised Definition of ‘Waters of the United States’” rule, published in the Federal Register on January 18, 2023. This final rule conforms the definition of “waters of the United States” to the U.S. Supreme Court’s May 25, 2023, decision in the case of Sackett v. Environmental Protection Agency. Parts of the January 2023 Rule are invalid under the Supreme Court’s interpretation of the Clean Water Act in the Sackett decision. Therefore, the agencies have amended key aspects of the regulatory text to conform it to the Court’s decision. The conforming rule, "Revised Definition of 'Waters of the United States'; Conforming," published in the Federal Register and became effective today 8 September 2023. 

Where the January 2023 Rule is not enjoined, the agencies are implementing the January 2023 Rule, as amended by the conforming rule. In the jurisdictions and for the parties where the January 2023 Rule is enjoined, the agencies are interpreting the phrase “waters of the United States” consistent with the pre-2015 regulatory regime and the Supreme Court’s decision in Sackett. A map illustrating which definition of “waters of the United States” is generally operative in each state across the country as a result of litigation challenging the 2023 Rule is available on EPA's website at https://www.epa.gov/wotus/definition-waters-united-states-rule-status-and-litigation-update. As the litigation continues, EPA will update the map, when possible, to reflect the most current information that is made available to the EPA and the Army.

Now that the conforming rule has become effective, the nationwide pause on issuance of certain approved jurisdictional determinations (AJDs) is now lifted in entirety. Effective immediately, USACE districts have resumed issuance of all AJDs nationwide under the applicable regulatory regime.

Please visit EPA’s Rule Status page for additional information about the status of the January 2023 Rule, as amended, and litigation.

27 June 2023 - Supreme Court Ruling - Sackett v. Environmental Protection Agency - Update

The Environmental Protection Agency and the U.S. Department of the Army (agencies) are in receipt of the U.S. Supreme Court's May 25, 2023, decision in the case of Sackett v. Environmental Protection Agency. In light of this decision, the agencies are interpreting the phrase “waters of the United States” consistent with the Supreme Court’s decision in Sackett. The agencies are developing a rule to amend the final "Revised Definition of 'Waters of the United States'" rule, published in the Federal Register on January 18, 2023, consistent with the U.S. Supreme Court’s May 25, 2023 decision in the case of Sackett v. Environmental Protection Agency.  The agencies intend to issue a final rule by September 1, 2023.

12 April 2023 - Joint Public Notice - Notice of Availability of the Beta Streamflow Duration Assessment Method for the Northeast or Southeast

The method, data forms, and training opportunities are available at: https://www.epa.gov/streamflow-duration-assessment/beta-streamflow-duration-assessment-method-northeast-and-southeast. For additional information on the development of regional Streamflow Duration Assessment Methods for nationwide coverage, see: https://www.epa.gov/streamflow-duration-assessment.  

20 March 2023 - Final Revised Definition of "Waters of the United States" Becomes Effective

On 20 March 2023, the final "Revised Definition of 'Waters of the United States'" rule (the “2023 Rule”) became effective. The 2023 Rule is operative in all U.S. jurisdictions except the states of Idaho and Texas.

The U.S. Department of the Army and U.S. EPA (“the agencies”) final rule establishes a clear and reasonable definition of “waters of the United States” and reduces the uncertainty from constantly changing regulatory definitions that has harmed communities and our nation’s waters.

The agencies developed the 2023 Rule with consideration of the relevant provisions of the Clean Water Act and the statute as a whole, relevant Supreme Court case law, and the agencies’ technical expertise after more than 45 years of implementing the longstanding pre-2015 “waters of the United States” framework. The 2023 Rule also considers the best available science and extensive public comment to establish a definition of “waters of the United States” that supports public health, environmental protection, agricultural activity, and economic growth.

Until further notice, federal Clean Water Act jurisdiction in Idaho and Texas will continue to be determined under the pre-2015 regime (the 1986 WOTUS regulation and associated 2003/2008 (SWANCC/Rapanos) guidance documents).

If a state, tribe, or an entity has specific questions about a pending jurisdictional determination or permit, please contact a local U.S. Army Corps of Engineers District office (see https://regulatory.ops.usace.army.mil/offices/) or EPA.

More information about the final rule is available at: https://www.epa.gov/wotus/revising-definition-waters-united-states.

30 DEC 2022 - EPA and Army Finalize Rule Establishing Definition of WOTUS and Restoring Fundamental Water Protections

The U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (the agencies) announced a final rule establishing a durable definition of “waters of the United States” (WOTUS) to reduce uncertainty from changing regulatory definitions, protect people’s health, and support economic opportunity. The final rule restores essential water protections that were in place prior to 2015 under the Clean Water Act for traditional navigable waters, the territorial seas, interstate waters, as well as upstream water resources that significantly affect those waters. As a result, this action will strengthen fundamental protections for waters that are sources of drinking water while supporting agriculture, local economies, and downstream communities.

Click here to to read the full press release and to access the rule and related materials.

The agencies will host a public final rule overview webinar on January 19, 2023, from 12pm – 1pm Eastern Time. Note that registration capacity is limited, but the webinar will be recorded and posted on EPA’s website after the event.  Register for the final rule overview webinar. 

1 DEC 2022 - Release of Interim Draft of the National Ordinary High Water Mark Field Delineation Manual for Rivers and Streams

The U.S. Army Corps of Engineers (USACE) and EPA (the Agencies) jointly announce the availability of the Interim Draft of the National Ordinary High Water Mark Field Delineation Manual for Rivers and Streams (National OHWM Manual) and its accompanying data sheet. The Interim Draft National OHWM Manual provides draft technical guidance for identifying and delineating the OHWM using a scientifically supported, rapid framework. The Agencies are requesting comments and feedback from the public and practitioners on the Interim Draft of the National OHWM Manual via the public notice linked below. Following the public comment period and additional field testing, comments and feedback received from the public and practitioners will be utilized to further refine the Interim Draft of the National OHWM Manual for clarity, consistency, and technical accuracy. The one-year testing and comment period ends on December 1, 2023. A final version of the National OHWM Manual is anticipated to be published during 2024.

During the period while the OHWM Manual is an interim draft, OHWM identification and/or delineation for official USACE Regulatory purposes should continue in accordance with the applicable OHWM definition in the Federal regulations, Regulatory Guidance Letter 05-05, and any applicable USACE district policies. However, USACE Regulatory staff are encouraged to test the Interim Draft of the National OHWM Manual and provide comments and feedback by emailing usace.ohwm@usace.army.mil.

25 July 2022 – Payment of Department of the Army Permit Fees via Pay.Gov

Applicants are now able to pay Department of the Army permit fees online at pay.gov instead of writing and mailing a check or money order. This convenient option allows for multiple payment methods (bank account, Amazon account, PayPal, debit or credit card). The direct link for making Department of the Army permit fee payments on pay.gov is https://www.pay.gov/public/form/start/996412796. Click here for a pay.gov payment walk-through which explains the process.

 

Service Area


 

The Vicksburg District Regulatory Program annually receives over 1,500 requests for pre-application meetings, permits, authorizations, wetland delineations, jurisdictional determinations, and enforcement actions. Click on the interactive map to determine if your proposed project is within our jurisdiction. Not the right office? Visit the Mississippi Valley Division or Headquarters for assistance.