USACE Regulations and Resources

Our Authorities

Photo by Jeremy Morgan

The U.S. Army Corps of Engineers Regulatory Program receives its authority from the following federal laws:

Section 10 of the Rivers & Harbors Act of 1899

Requires approval prior to the accomplishment of any work in, over, or below navigable waters of the United States, or work which affects the course, location, condition or capacity of such waters. Some examples of projects typically requiring Section 10 permits include construction or installation of piers, wharves, bulkheads, dolphins, marinas, ramps, floats, mooring buoys, intake structures, and cable or pipeline crossings; dredging and excavation; and overhead transmission lines, tunnels, or directional boring under a Section 10 waterbody.

Rivers and Harbors Act of 1899 - Sec.10

Section 404 of the Clean Water Act

Requires approval prior to discharging dredged or fill material into the waters of the United States. The Clean Water Act (CWA) aims to protect the physical, chemical, and biological integrity of water quality in the United States. Increased surface runoff from development has the potential to cause significant changes in aquatic ecosystems. Discharges of runoff may carry pollutants such as eroded soil, oil, metals, and pesticides that adversely affect oceans, streams, wetlands, lakes, and groundwater.

Clean Water Act - Section 404

Section 103 of the Marine Protection, Research, & Sanctuaries Act of 1972

As amended (33 U.S.C. 1413), authorizes the U.S. Army Corps of Engineers to issue permits for the transportation of dredged material for the purpose of dumping it into ocean waters.

Marine Protection Research and Sanctuaries Act of 1972 - Section 103

Section 14 of the Rivers and Harbors Act of 1899

33 USC 408 (commonly referred to as “Section 408”), authorizes the Secretary of the Army, on the recommendation of the Chief of Engineers of the US Army Corps of Engineers (USACE), to grant permission for the alteration or occupation or use of a USACE civil works project if the Secretary determines that the activity will not be injurious to the public interest and will not impair the usefulness of the project. For more information and to begin the application process for a Section 408 review, visit our Section 408 webpage for general information, then contact us for the current Honolulu District Civil Works point-of-contact.

Map of current Section 408 projects

References for Regulatory Program

Regulatory Program Regulations (33 CFR Parts 320 to 332 and 33 CFR Part 334)

Related Regulations

Regulatory Guidance Letters

Regulatory Guidance Letters (RGLs) were developed by the Corps as a system to organize and track written guidance issued to its field agencies. RGLs are normally issued as a result of evolving policy; judicial decisions and changes to the Corps regulations or another agency’s regulations which affect the permit program. RGLs are used only to interpret or clarify existing Regulatory Program policy but do provide mandatory guidance to the Corps district offices. RGLs are sequentially numbered and expire on a specified date. However, unless superseded by specific provisions of subsequently issued regulations or guidance, the content provided in RGLs generally remains valid after the expiration date. The Corps incorporates most of the guidance provided by RGLs whenever it revises its permit regulations.


Related Laws

Selected Related Code of Federal Regulations

Presidential Directives and Executive Orders

Appeals

Photo by Kirsten Lara