US Army Corps of Engineers
Honolulu District Website

Corps Jurisdiction

Section 10 of the Rivers and Harbors Act of 1899 requires approval prior to the accomplishment of any work in, over or under navigable waters of the United States, or which affects the course, location, condition or capacity of such waters

Typical activities requiring authorization under Section 10 include:

  • Construction of piers, wharves, breakwaters, jetties, weirs, marinas, ramps, floats, intake structures, and cable or pipeline crossings.
  • Work such as dredging or disposal of dredged material.
  • Excavation, filling or other modifications to navigable waters of the United States.

Section 404 of the Clean Water Act requires permit authorization to discharge dredged or fill material into the waters of the United States, including wetlands.

Typical activities requiring authorization under Section 404 include:

  • Discharging fill or dredged material in waters of the United States, including wetlands.
  • Site development fill for residential, commercial or recreational projects, including mechanized land clearing.
  • Construction of breakwaters, levees, dams, dikes and weirs.
  • Placement of riprap and road fills.

 

Other Jurisdictional Information

Sept. 3, 2021 - Current Implementation of Waters of the United States

The 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 Aug. 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.”  More information can be found on the U.S. Army Corps of Engineers HQ Regulatory Programs webpage.  

 

On October 31, 2016, the U.S. Army Corps of Engineers announced the issuance of a new Regulatory Guidance Letter (RGL) 16-01 regarding "Jurisdictional Determinations." The RGL explains the differences between approved and preliminary jurisdictional determinations (JDs) and provides guidance to the field and the regulated public on when it may be appropriate to issue an AJD as opposed to a PJD, or when it may be appropriate to not prepare any JD whatsoever. The Corps reaffirms its commitment to continue its practice of providing JDs when requested to do so, consistent with the guidance in the RGL. The RGL is available here and a set of Questions and Answers and other supporting information can be found here