Information

Expand to learn about our Jurisdictional Authorities
Expand for an overview of the Clean Water Act

Section 404 of the Clean Water Act requires authorization from the Secretary of the Army, acting through the Corps of Engineers, for the discharge of dredged or fill material into all waters of the United States, including wetlands.

Discharges of fill material generally include, without limitation: placement of fill that is necessary for the construction of any structure, or impoundment requiring rock, sand, dirt, or other material for its construction; site-development fills for recreational, industrial, commercial, residential, and other uses; causeways or road fills; dams and dikes; artificial islands; property protection or reclamation devices such as riprap, groins, seawalls, breakwaters, and revetments; beach nourishment; levees; fill for intake and outfall pipes and subaqueous utility lines; fill associated with the creation of ponds; and any other work involving the discharge of fill or dredged material.

A Corps permit is required whether the work is permanent or temporary. Examples of temporary discharges include dewatering of dredged material prior to final disposal, and temporary fills for access roadways, cofferdams, storage and work areas.

Clean Water Act, Section 404 (citation 33 U.S.C. 1344 - Permits for dredged or fill material)

Expand for an overview of the Rivers and Harbors Act of 1899
Section 10: Overview and Application

Section 10 of the Rivers and Harbors Act of 1899 requires authorization from the Secretary of the Army, acting through the Corps of Engineers, for the construction of any structure in or over any navigable water of the United States. Structures or work outside the limits defined for navigable waters of the United States require a Section 10 permit if the structure or work affects the course, location, or condition of the water body. The law applies to any dredging or disposal of dredged materials, excavation, filling, rechannelization, or any other modification of a navigable water of the United States, and applies to all structures, from the smallest floating dock to the largest commercial undertaking. It further includes, without limitation, any wharf, dolphin, weir, boom breakwater, jetty, groin, bank protection (e.g. riprap, revetment, bulkhead), mooring structures such as pilings, aerial or subaqueous power transmission lines, intake or outfall pipes, permanently moored floating vessel, tunnel, artificial canal, boat ramp, aids to navigation, and any other permanent, or semi-permanent obstacle or obstruction.

Navigable Waterways in the Sacramento District

Expand to view Section 10: Statutory Text (33 USC 403)

That the creation of any obstruction not affirmatively authorized by Congress, to the navigable capacity of any of the waters of the United States is hereby prohibited; and it shall not be lawful to build or commence the building of any wharf, pier, dolphin, boom, weir, breakwater, bulkhead, jetty, or other structures in any port, roadstead, haven, harbor, canal, navigable river, or other water of the United States, outside established harbor lines, or where no harbor lines have been established, except on plans recommended by the Chief of Engineers and authorized by the Secretary of the Army; and it shall not be lawful to excavate or fill, or in any manner to alter or modify the course, location, condition, or capacity of, any port, roadstead, haven, harbor, canal, lake, harbor of refuge, or inclosure within the limits of any breakwater, or of the channel of any navigable water of the United States, unless the work has been recommended by the Chief of Engineers and authorized by the Secretary of Army prior to beginning the same. (33 USC 403)

For more information on Rivers and Harbors Act jurisdiction, please read 33 CFR Part 322 and Section 9 of the Rivers and Harbors Act.

33 CFR Part 322 - Permits for Structures or Work in or Affecting Navigable Waters of the United States

Expand to view Section 9: Statutory Text (33 USC 401)

That it shall not be lawful to construct or commence the construction of any bridge, dam, dike, or causeway over or in any port, roadstead, haven, harbor, canal, navigable river, or other navigable water of the United States until the consent of Congress to the building of such structures shall have been obtained and until the plans for the same shall have been submitted to and approved by the Chief of Engineers and by the Secretary of the Army: Provided, that such structures may be built under authority of the legislature of a State across rivers and other waterways the navigable portions of which lie wholly within the limits of a single State, provided the location and plans thereof are submitted to and approved by the Chief of Engineers and by the Secretary of the Army before construction is commenced: and provided further, That when plans for any bridge or other structure have been approved by the Chief of Engineers and by the Secretary of the Army; it shall not be lawful to deviate from such plans either before or after completion of the structure unless the modification of said plans has previously been submitted to and received the approval of the Chief of Engineers and of the Secretary of the Army. (33 USC 401)

Expand to learn about Aquatic Resource Delineations

A delineation of aquatic resources is often necessary to determine which features in a review area or at a project site meet established criteria for consideration as a waters of the United States. The aquatic resource delineation, once verified by the Corps, serves as the basis for a jurisdictional determination and, if necessary, in the evaluation of a Department of the Army permit.

To avoid delays, the Sacramento District encourages its customers to engage the services of a qualified professional to conduct a preliminary delineation, especially for large and/or complex areas. When the preliminary delineation is done, it can be reviewed and verified by the District.

A customer may request the Sacramento District prepare the aquatic resource delineation. Due to limited staff and resources, the Sacramento District may not be able to respond to the request for several months.

Regional Information
Arid West Region

The Arid West Region of the U.S. Army Corps of Engineers (USACE) covers the arid basins of the southwestern United States, excluding higher-elevation mountain areas. It is officially defined as encompassing all or parts of 12 western states: Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Texas, Utah, Washington, and Wyoming.

Region Overview

The region is primarily characterized by its low-elevation, arid, and semi-arid landscapes.

  • Excluded Areas: Higher-elevation mountain ranges within these same states are typically covered by the Western Mountains, Valleys, and Coast Region Supplement.
  • Transitional Zones: Because climatic and biological characteristics do not change abruptly, region boundaries often grade into one another. Delineators are advised to use professional judgment in these transitional areas.
  • Geospatial Data: Interactive maps and official boundary datasets can be explored via the USACE GeoSpatial Open Data portal.

Delineation Resources

Western Mountains, Valleys, and Coastal Region

The Western Mountains, Valleys, and Coast Region of the U.S. Army Corps of Engineers (USACE) covers the higher-elevation mountain ranges, valleys, and coastal areas of the western United States. It encompasses portions of 12 western states: Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, South Dakota, Utah, Washington, and Wyoming.

Region Overview

The region is primarily characterized by its mountainous terrain, coniferous forests, and temperate coastal zones.

  • Landscape Coverage: It includes major features like the Sierra Nevada, the Cascade Mountains, the Rocky Mountains, and the Pacific coastal forests.
  • Excluded Areas: Lower-elevation arid basins in these same states are typically covered by the Arid West Regional Supplement.
  • Transitional Zones: Because climatic conditions do not change abruptly, region boundaries often grade into one another. Delineators are advised to use professional judgment in these transitional areas.
  • Geospatial Data: Interactive maps and official boundary datasets can be explored via the USACE GeoSpatial Open Data portal.

Delineation Resources

Expand to learn about Final Regulatory Actions

Individual Permit Decisions and Approved Jurisdictional Determinations (AJDs) can be viewed using ORM Public, which is available through the USACE Headquarters website. ORM Public enables users to query the status of all pending and final Individual Permits (Standard Permits and Letters of Permission), all actions involving funding agreement partners under Section 214 of the Water Resources Development Act (WRDA), and all AJDs issued by the Corps Regulatory Program.

Approved Jurisdictional Determinations

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Archive (2021 and Earlier)
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2007 AJDs
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