US Army Corps of Engineers
Sacramento District

Questions about the Regulatory Program or 408 Program?

Call:  (916) 557-5250

Email: CESPK-REGULATORY-INFO@usace.army.mil

WE'VE GONE PAPERLESS

All project related documents (permit applications, aquatic resource delineations, jurisdictional determinations, agency requests, etc.) should be submitted electronically to the following email address:

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: CESPK-REGULATORY-INFO@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

Latest News

  • 10 June 2019 - 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, announces the draft biennial update to the National Wetland Plant List (NWPL) for 2018 in the Federal Register (84 Fed. Reg. 26824-26, 10 June 2019).  The Corps encourages public input in the form of data, comments, literature references, or field experiences, to help clarify the status of the species reviewed for this update, as well as public input on the NWPL process.  The public will have the opportunity to comment on the proposed update or addition of wetland indicator status ratings for 20 plant species in select Corps wetland regions.  These 20 reviewed species and their draft 2018 wetland ratings by region, as well as the FR notice, can be viewed at the NWPL homepage, http://wetland-plants.usace.army.mil/ under “2018 NWPL Update Information.” A link to provide general or species-specific comments is also available at this location. Users are encouraged to submit literature citations, herbaria records, experiential references, monitoring data, and other relevant information. Specific knowledge of, or studies related to, individual species are particularly helpful. Commenters should use their regional botanical and ecological expertise, field observations, reviews of the most recent indicator status information, appropriate botanical literature, floras, herbarium specimens with notation of habitat and associated species, habit data, relevant studies, and historic list information. Guessing ratings is inappropriate. All submitted comments and information will be compiled and sent to the National Panel for their consideration.

    • Please provide all comments on the proposed changes using the Google form on the National Wetland Plant List website, under 2018 Update Information, not later than 9 August 2019.

    • The Corps is also seeking comments on the NWPL update process. Detailed information on the update process, protocol, and technical issues can be found in the following documents (available on the NWPL Publications web page referenced above):

      • 1) Lichvar, Robert W. and Minkin, Paul. Concepts and Procedures for Updating the National Wetland Plant List. Sept 2008. ERDC/CRREL TN-08-3

      • 2) Lichvar, Robert W. and Gillrich, Jennifer J. Final Protocol for Assigning Wetland Indicator Status Ratings during National Wetland Plant List Update. Sept 2011. ERDC/CRREL TN-11-1

  • January 7, 2019 - EPA and Army Postpone Public Hearing on Proposed New "Waters of the United States" Definition. Due to the lapse in appropriations for the U.S. Environmental Protection Agency (EPA), EPA and the Department of the Army (Army) have postponed the planned January 23 public hearing on the proposed new "Waters of the United States" definition until after appropriations have passed to fund the EPA. Publication of the proposed rule in the Federal Register is also postponed. Information on the status of the public hearing will be posted on the EPA website at https://www.epa.gov/wotus-rule/epa-and-army-postpone-public-hearing-proposed-new-waters-united-states-definition.

  • January 1, 2019, Sacramento District has gone paperless.  Instructions are here.
  • April 2018, Sacramento District's new ESA Guidelines for applications for Department of the Army permits.  The Guidelines, which replace the Biological Assessment Checklist, are intended to help improve the quality and timeliness of the information needed to initiate consultation under Section 7 of the Endangered Species Act.   
  • Oct 2017, Sacramento, San Francisco, and Los Angeles Districts of the U.S. Army Corps of Engineers (USACE), along with the U.S. Fish and Wildlife Service (USFWS), the California Department of Fish and Wildlife (CDFW), the California Resources Agency, the National Marine Fisheries Service (NMFS), the United States Environmental Protection Agency (EPA), the State Water Resources Control Board (State Water Board), and the Natural Resources Conservation Service (NRCS) as potential participants in Interagency Review Teams (IRT) have updated the standard Mitigation Bank Enabling Instrument (BEI) template for use with mitigation banks that are established within the State of California. The public notice (PN) is linked at the SPD PN page.  The PN is located at http://www.spd.usace.army.mil/Missions/Regulatory/Public-Notices-and-References/Article/1328706/mitigation-bank-enabling-instrument-bei-template/ 
  • In May 2017, the Sacramento District prepared guidance for advance permittee responsible compensatory mitigation.

 

 

Contact Your Local Office 

Sacramento District HQ Office
1325 J Street, Room 1350
Sacramento, California 95814
Phone: (916) 557-5250
Fax: (916) 557-7803
Email: cespk-regulatory-info@usace.army.mil

Our Commitment to Public Service

Public Service is a Public Trust. We, as Corps Regulators, 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.