The Corps of Engineers has an administrative appeal process whereby applicants and landowners may appeal denied permits, issued permits that contain requirements that are unacceptable to the applicant, or jurisdictional determinations. These decisions are made by Corps District offices. The request for an appeal of such decisions, are appealed to the Corps Division offices. Requests for appeal must be furnished to the Division office within 60 days of the date of the appealable decision. A site visit or an appeal conference or meeting may be conducted during the appeal process. The Division will either uphold the District decision or remand the decision to the District, with specific instructions on how to correct any procedural error that was prejudicial to the appellant (i.e., that was not a "harmless" procedural error), or to reconsider the decision where any essential part of the decision was not supported by accurate or sufficient information, or analysis, in the administrative record.

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Appeal Decisions, Regulations, Forms and Flowcharts

The Pacific Ocean Division located in Hawaii is responsible for making appeal decisions for the Honolulu District. The POD office normally makes a decision on the merits of the appeal based on the administrative record in 90 days. The division will either uphold the district decision or remand the case back to the district with direction for reconsideration of the district’s initial determination. After re-evaluation, the district is to make a final decision. This final decision is not subject to further appeal.

The level of evaluation is on par with the level of the environmental impacts, aquatic functions and values involved in a particular area. Impacts to higher ecological value areas will be subject to a more detailed evaluation and a strong focus on avoidance of impacts to the aquatic environment.

The status and disposition of appeals in the Honolulu District is shown below:

Contact Information

Regulatory Office
Building 230
Fort Shafter, HI  96858-5440
(808) 835-4303 

Guam Field Office
Apra Harbor Naval Complex
PSC 455 Box 188
FPO, AP 96540-1088  Guam
(671) 339-2108