® REGULATORY

US ARMY CORPS OF ENGINEERS  MISSISSIPPI VALLEY DIVISION  BUILDING STRONG®

INTRODUCTION

The mission of the Corps of Engineers Regulatory Program is to protect 

the Nation’s aquatic resources, while allowing reasonable development 

through fair, flexible, and balanced permit decisions. 

A Department of the Army permit from the Corps of Engineers is 

required for construction activities and placement of dredged or 

fill material into the Nation’s waters, including wetlands. The goal 

of the Corps permit program is to protect the Nation’s aquatic 

resources and to prevent obstruction to navigation.

The Corps balances the reasonably foreseeable benefits and 

detriments of proposed projects and makes permit decisions that 

recognize the essential values of the Nation’s aquatic 

ecosystems to the general public, as well as the property rights 

of private citizens to use their land. 

During the permit process, the Corps considers the views of 

other Federal, state and local agencies, interest groups, and the 

general public. The results of this public interest review are fair 

and equitable decisions that allow reasonable use of private 

property, infrastructure development, and growth of the economy, 

while offsetting the authorized impacts to the waters of the United 

States. 

The adverse impacts to the aquatic environment are offset by 

mitigation requirements, which may include restoring, enhancing, 

creating, and preserving aquatic functions. The Corps strives to 

make its permit decisions in a timely manner that minimizes 

impacts to the public. 

AUTHORITY

• Section 10 Rivers and Harbors Act: 

Regulates all work in navigable waters.

• Section 404 Clean Water Act: 

Regulates discharges of dredged or fill 

material into all waters.

• Section 103 Marine, Protection, 

Research, and Sanctuaries Act: 

Regulates ocean dumping of dredged 

material.
DEFINITIONS

• Navigable waters = waters presently used, historically used, or 

susceptible to use for the transport of interstate or foreign 

commerce and those waters subject to the ebb and flow of the 

tide.

• Waters of the United States = include all traditionally navigable 

waters and other interstate and intrastate waters, including 

wetlands, lakes, rivers, streams, certain impoundments, and the 

territorial seas.

• Wetlands = areas inundated or saturated by surface or 

groundwater at a frequency and duration sufficient to support, and 

that under normal circumstances to support, a prevalence of 

vegetation typically adapted for life in saturated soil conditions. 

Wetlands generally include swamps, marshes, bogs, and similar 

areas.

• Discharge of fill material = the term discharge of fill material 

means the placement of any material into waters of the United 

States where the material has the effect of replacing any portion of 

a water of the United States with dry land or of changing the 

bottom elevation of any portion of a water of the United States. 

Examples of such fill material include, but are not limited to: rock, 

sand, soil, clay, construction debris, overburden from mining, etc.

• Discharge of Dredged Material = the term discharge of dredged 

material means the placement of material that is dredged or 

excavated from waters of the United States back into a water of 

the United States. 

DO I NEED A PERMIT?

Many people own land with regulated “waters” on the property, 

which includes rivers, streams, lakes and wetlands. These statues 

apply to private and public property, and are intended to protect 

commerce on navigable waters and protect the aquatic environment. 

If you propose work involving construction or discharges of dredged 

or fill material into waters, contact the Corps regulatory office in your 

area. Contact information for the Corps districts operating in your 

state is available at: 

http://www.usace.army.mil/cw/cecwo/reg/district.htm

EXAMPLES OF ACTIVITIES REQUIRING PERMITS

• ŸSECTION 10 - Any work or construction in navigable 

waters

 Construction of mooring facilities

 Commercial sand and gravel dredging

 Maintenance dredging of channel and dock facilities

 Construction of docks or loading facilities

 Construction of boat ramps

 Installation of utility line crossings
U.S. Army Corps of Engineers  1400 Walnut Street, Vicksburg, MS 39180  www.mvd.usace.army.mil

May 2019

• SECTION 404 - Construction activities in regulated waters

 Filling for construction of homes, commercial buildings, and 

parking lots

 Permanent or temporary roads, driveways, and approach fills 

for bridges; other construction, maintenance, improvements or 

reconstruction

 Levee construction associated with flood protection

 Boat ramp construction

• Other Activities in regulated waters

 Stream/lake bank stabilization

 Land clearing of wetlands with heavy equipment 

 Land leveling or filling of wetlands

 Wetland and wildlife enhancement activities

 Side-casting material excavated from channel construction

 Backfilling

 Utility line activities

TYPES OF STANDARD PERMITS

• Standard individual permits

 Public notice on specific project

 Opportunity for public hearing

 Activities with more than minimal impact

Letters of permission

 Minor activities

 Coordinates with agencies / neighbors

 No public notice on each project

TYPES OF GENERAL PERMITS

• Regional general permits

 Established by each Corps district

 Allow only minimal impacts

 Minimal effects test is net, after mitigation

• Nationwide general permits

 Issued by Corps headquarters, used by districts to permit minimal impacts

 More than 75% of most districts’ workload

 Programmatic general permits

 Founded on local, state or other federal regulatory program

FOR MORE INFORMATION

• Corps Headquarters: http://www.usace.army.mil/CECW/Pages/cecwo_reg.aspx

• St. Paul District: http://www.mvp.usace.army.mil/Missions/Regulatory.aspx

• Rock Island District: http://www.mvr.usace.army.mil/Missions/Regulatory.aspx

• St. Louis District: http://www.mvs.usace.army.mil/Missions/Regulatory.aspx

• Memphis District: http://www.mvm.usace.army.mil/About/Offices/Regulatory.aspx

• Vicksburg District: http://www.mvk.usace.army.mil/Missions/Regulatory.aspx

• New Orleans District: http://www.mvn.usace.army.mil/Missions/Regulatory.aspx