US Army Corps of Engineers
Sacramento District Website

Questions about the Regulatory Program or 408 Program?

Call: (916) 557-5250
Email: SPKRegulatoryMailbox@usace.army.mil

The Regulatory Program

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, 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 the Corps' regulatory authority.

The Regulatory Program is committed to protecting the Nation's aquatic resources and navigation capacity, while allowing reasonable development through fair and balanced permit decisions. The Corps evaluates permit applications for essentially all construction activities that occur in the Nation's waters, including wetlands.

Contact Your Local Office

We Are Paperless

We accept all documents, including permit application materials and requests for jurisdictional determinations, in digital format. Instructions here.  Please submit documents to your project manager.  If you have a new request or do not know your project manager, send it to SPKRegulatoryMailbox@usace.army.mil

Instructions for submitting requests electronically
General questions and inquiries about the Regulatory Program or 408 Program?
Call: (916) 557-5250
Email: SPKRegulatoryMailbox@usace.army.mil

 

Latest News

  • September 3, 2021The U.S. Environmental Protection Agency and U.S. Army Corps of Engineers (the agencies) are in receipt of the U.S. District Court for the District of Arizona’s August 30, 2021, order vacating and remanding the Navigable Waters Protection Rule in the case of Pascua Yaqui Tribe v. U.S. Environmental Protection Agency. In light of this order, the agencies have halted implementation of the Navigable Waters Protection Rule and are interpreting “waters of the United States” consistent with the pre-2015 regulatory regime until further notice. The agencies continue to review the order and consider next steps. This includes working expeditiously to move forward with the rulemakings announced on June 9, 2021, in order to better protect our nation’s vital water resources that support public health, environmental protection, agricultural activity, and economic growth. The agencies remain committed to crafting a durable definition of “waters of the United States” that is informed by diverse perspectives and based on an inclusive foundation. Additional information is available on EPA’s website at: https://www.epa.gov/wotus/current-implementation-waters-united-states.

  • July 30, 2021 - The U.S. Environmental Protection Agency and Department of the Army (the agencies) announced upcoming community engagement on the agencies’ plans to write a new definition of “waters of the United States” (WOTUS) under the Clean Water Act.  The announcement is available at https://www.epa.gov/newsreleases/epa-and-army-announce-next-steps-crafting-enduring-definition-waters-united-states. EPA and Army have stated it is their intent to provide certainty by developing a reasonable, effective, and durable definition of WOTUS that protects public health, the environment, and downstream communities and economies, while supporting agriculture and other industries. The announcement marks a key step in the agencies’ efforts to write a new rule to define WOTUS. For more information about the agencies’ outreach and engagement plans, and more generally on the definition of “waters of the United States,” visit https://www.epa.gov/wotus.

  • June 9, 2021 - The U.S. Environmental Protection Agency and the Department of the Army announced the agencies’ intent to revise the definition of “waters of the United States” (WOTUS), to better protect our nation’s vital water resources that support public health, environmental protection, agricultural activity, and economic growth.  The EPA/Army press release can be accessed here: https://www.epa.gov/newsreleases/epa-army-announce-intent-revise-definition-wotus . More information, including public outreach and stakeholder engagement, can be found at https://www.epa.gov/wotus.

  • May 19, 2021 - The Commander of the South Pacific Division of the U.S. Army Corps of Engineers determined that the Carson River from river mile (RM) 32.5 at the Nevada Highway 117 bridge, upriver to and including the East Fork Carson River to the confluence with Silver King Creek (RM 177.5) in Alpine County, California, is a navigable water of the United States pursuant to the Rivers and Harbors Act of 1899 and 33 CFR Part 329.  The determination was made based on a report of findings prepared by the Sacramento District. The navigability determination will improve and expedite jurisdictional determinations made by the Sacramento District under the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act in the Carson River watershed.  Determination Memos.

  • March 24, 2021 - The U.S. Army Corps of Engineers (USACE), as part of an interagency effort with the U.S. Environmental Protection Agency (EPA), the U.S. Fish and Wildlife Service (FWS) and the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS), announced the availability of the draft changes to the 2020 NWPL and its web address to solicit public comments.  The public now has the opportunity to comment on the proposed changes to wetland indicator status ratings for five plant species in select regions and the addition of 22 new plant species to the NWPL.  The Federal Register Notice (FRN) for the 2020 NWPL update can be found here: https://www.govinfo.gov/content/pkg/FR-2021-03-24/pdf/2021-05989.pdf.  The public comment period ends on 24 May 2021. The 27 species and their draft 2020 wetland ratings by region, as well as the FRN, can be viewed at the NWPL homepage, http://wetland-plants.usace.army.mil/, under “2020 NWPL Update Information.

  • July 24, 2020 - The U.S. Army Corps of Engineers and U.S. Environmental Protection Agency issued a memorandum to the field regarding application of the exemptions under Section 404(f)(1)(C) of the CWA for the construction or maintenance of irrigation ditches and for the maintenance of drainage ditches.  For purposes of implementing the ditch exemptions, the memo defines terms including “irrigation ditch” and “drainage ditch” and provides a framework for determining the applicability of the ditch exemptions and the recapture provision in CWA Section 404(f)(2).   The contents of the document do not have the force and effect of law and are not meant to bind the public in any way. The memo is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.  The memo supersedes Corps Regulatory Guidance Letter 07-02.   It is the third of four memoranda developed to support implementation of the Navigable Waters Protection Rule, which became effective June 22, 2020.  As each memorandum is released, they are posted to www.epa.gov/nwpr.

Our Commitment to Public Service

Public Service is a Public Trust. As Corps Regulators, we must earn this trust and, to keep this trust, we must conduct ourselves in a manner that reflects the following principles:

Professional. We will conduct ourselves in a professional manner in dealings with all our customers, including applicants, violators, agencies, interest groups and the general public.
Fair and Reasonable. We will be open-minded, impartial, and consistent in our interactions with all our customers to ensure all actions and decisions are free from bias and are not arbitrary or capricious. Customers will be treated equally and with tolerance.
Knowledgeable. We will remain knowledgeable of applicable laws, regulations, and scientific and technical advances which affect our program.
Honesty. We will be truthful, straightforward, and candid in all dealings with our customers.
Timeliness. We will strive to provide our customers with timely regulatory responses regardless of whether those responses are favorable or adverse.
Accountability. We will be decisive in all actions and accept responsibility for any of our decisions and resulting consequences. All decisions will be factual and properly documented.
Respect. We will treat our customers with dignity, courtesy, compassion, and sensitivity.