Regulatory Correspondence

Please submit any correspondence, including compliance certification forms, via email at

NAB-Regulatory@usace.army.mil

or via mail:

U.S. Army Corps of Engineers, Baltimore District
Regulatory Branch (CENAB-OPR)
2 Hopkins Plaza
Baltimore, MD 21201

Regulatory Overview

The mission of the U.S. Army Corps of Engineers Regulatory Program is to protect the Nation's aquatic resources while allowing reasonable development through fair, flexible and balanced permit decisions. The Corps has been regulating activities in the nation's waters since 1890. The program was initially created solely to prevent obstructions to navigation. An early 20th century law gave the Corps regulatory authority over the dumping of trash and sewage. The passage of the Clean Water Act in 1972 greatly broadened this role by giving the Corps authority over dredging and filling in the waters of the United States including many wetlands.

 
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Regulatory Latest News

February 13, 2024 - Final 2022 National Wetland Plant List (NWPL)
The U.S. Army Corps of Engineers, as part of an interagency effort with the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, and the U.S. Department of Agriculture Natural Resources Conservation Service, is announcing the availability of the final 2022 National Wetland Plant List (NWPL). The Federal Register Notice for the 2022 NWPL update can be found here: https://www.govinfo.gov/content/pkg/FR-2024-02-13/pdf/2024-02903.pdf.

The NWPL provides plant species wetland indicator status ratings, which are used in determining whether the hydrophytic vegetation factor is met when conducting wetland delineations under the Clean Water Act and wetland determinations under the Wetland Conservation Provisions of the Food Security Act. Other applications of the NWPL include wetland restoration, establishment, and enhancement projects. The list is effective as of 13 February 2024 and will be used in any wetland delineations performed after this date. A summary of the 2022 NWPL is provided in the table below.

2022 National Wetland Plant List Updates

Scientific Name

Region

2020 Rating

2022 Rating

Isocoma menziesii

Arid West

FAC

FACU

Populus fremontii

Arid West

FAC

FACW

 

Completed wetland delineation/determination forms should reference the version of the NWPL used to complete the form. The final NWPL is available at https://wetland-plants.sec.usace.army.mil/ (preferred browsers are Chrome and Firefox). Please note that while the web address for the NWPL website has not changed with this update, the website itself has undergone updates to enhance the utility of the NWPL.

Updated versions of the Automated Wetland Determination Data Sheets (ADS), which reflect revisions to the NWPL, can be found at the following link: https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/reg_supp/ within the “General Information” dropdown.  More info regarding the ADS and its utility in wetland delineation can be found at the following link: https://www.usace.army.mil/Media/Announcements/Article/2989646/5-april-2022-army-corps-of-engineers-announces-the-release-of-automated-wetland/.

January 31, 2024 – USACE launches new Regulatory Request System HQ USACE Regulatory
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: 

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

September 20, 2023-The Maryland Stream Mitigation Framework Version 1 Final (MSMF V.1. Final)
The Corps has published the Maryland Stream Mitigation Framework Version 1 Final (MSMF V.1. Final) for use by Corps project managers in review of Department of the Army permit applications where greater than minimal stream impacts occur and for review of mitigation proposals in Maryland to offset such impacts. The tool includes a user manual, stream credit/debit calculation workbook, and several other appendices to help populate fields in the calculation workbook including Functional/Conditional Assessments for streams and stream buffers. MSMF V.1. Final may also be used by project applicants to estimate stream credits or debits for proposed permit applications.

April 12, 2023-Joint Public Notice - Notice of Availability of the Beta Streamflow Duration Assessment Method for Northeast/Southeast:  
The method, data forms, and training opportunities are available at: https://www.epa.gov/streamflow-duration-assessment/beta-streamflow-duration-assessment-methods-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.

March 20, 2023-2023 Rule (Revised Definition of “waters of the United States”)
On January 18, 2023, the U.S. Environmental Protection Agency and the U.S. Department of the Army published a regulation in the "Federal Register" revising the definition of waters of the United States now known as the 2023 Rule. This rule became effective on March 20, 2023. More information on the 2023 Rule can be found here.

December 1, 2022-Interim Draft OHWM Manual
USACE and EPA announced 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. A direct link to the announcement with a link to the public notice is available at:  https://www.usace.army.mil/Media/Announcements/Article/3233308/1-december-2022-release-of-the-interim-draft-of-the-national-ordinary-high-wate/