The U.S. Army Corps of Engineers Regulatory Mission

The Corps of Engineers has been regulating activities in the nation’s waters since 1890.

Congress has enacted laws to regulate water resource development which are enforced by federal agencies including the Corps. These laws ensure that water resource development is consistent with the needs and welfare of the people.

Under Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403), a permit is required for construction of any structure in or over any navigable water of the United States, or the accomplishment of any other work affecting the course, location, condition, or physical capacity of such waters.

Under Section 404 of the Clean Water Act of 1972(33 USC 1344), a permit is required to excavate in or discharge dredged or fill material into the Waters of the United States.

The list of Individual Permits finalized and pending for the Regulatory Program can be found at this link.

Contact Information

 St. Louis Regulatory Branch

U.S. Army Corps of Engineers
St. Louis District

Regulatory Branch
1222 Spruce St.
St. Louis MO 63103-2833

Phone (314) 331-8575
Fax (314)331-8741

**Please email all correspondence**

Email the Regulatory Branch

Email Agricultural Questions

 Missouri Section

Missouri Section Chief (314) 331-8581

Please email all correspondence.

Email the Regulatory Branch

 Illinois Section

Illinois Section Chief (314) 331-8578

Please email all correspondence.

Email the Regulatory Branch

Permit App and JD form

 Missouri Application Forms & Instructions

Please continue to use this ENG Form 4345 until further notice.  When the expiration date is extended, this form will be updated with a new expiration date. 

Please e-mail applications to mvs-regulatory@usace.army.mil 

 

Fillable Application Form
Missouri Application Instructions

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 Illinois Application Forms & Instructions

Please e-mail applications for the US Army Corps of Engineers to mvs-regulatory@usace.army.mil

Application Form
Fillable Form
Application Instructions for Illinois

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 Nationwide Permit Pre-Construction Notification Application

Certain NWPs require project proponents to notify Corps district engineers of their proposed activities prior to conducting regulated activities, so that the district engineers can make case-specific determinations of NWP eligibility. The notification takes the form of a pre-construction notification (PCN). The purpose of a PCN is to give the district engineer an opportunity to review a proposed NWP activity (generally 45 days after receipt of a complete PCN) to ensure that the proposed activity qualifies for NWP authorization.  

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Nationwide Permit Pre-Construction Notification Form

 Approved Jurisdictional Request Form

Plant Identification Hike

Latest News

 29 August 2023 - To Conform with Recent Supreme Court Decision, EPA and Army Amend "Waters of the United States" Rule

Today, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (the agencies) announced a final rule amending the 2023 definition of “waters of the United States” to conform with the recent Supreme Court decision in Sackett v. EPA. The agencies are committed to following the law and implementing the Clean Water Act to deliver the essential protections that safeguard the nation’s waters from pollution and degradation. This action provides the clarity that is needed to advance these goals, while moving forward with infrastructure projects, economic opportunities, and agricultural activities.

More information about the final rule is available here 

The agencies will host a public webinar on September 12, 2023 to provide updates on the definition of “waters of the United States.” For registration information, please visit EPA’s webpage for the amendments rule. The agencies also plan to host listening sessions this fall with co-regulators and stakeholders, focusing on identifying issues that may arise outside this limited rule to conform the definition of “waters of the United States” with the Sackett v. EPA decision.

Learn more about this action on EPA’s “waters of the United States” website.

 UPDATE Supreme Court Ruling in Sackett v. Environmental Projection Agency
 Supreme Court Ruling in Sackett V. EPA

The U.S. Environmental Protection Agency and U.S. Army Corps of Engineers (the agencies) are in receipt of the U.S. Supreme Court’s May 25, 2023 decision in the case of Sackett v. Environmental Protection Agency. In light of this decision, the agencies will interpret the phrase “waters of the United States” consistent with the Supreme Court’s decision in Sackett. The agencies continue to review the decision to determine next steps.

 2022 National Wetland Plant List draft changes

20 January 2023 - The U.S. Army Corps of Engineers (USACE), 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, is announcing the availability of the draft changes to the 2022 NWPL and its web address to solicit public comments.  The public now has the oportunity to comment on the proposed changes to wetland indicator status ratings for two plant species in the Arid West region.  The Federal Register Notice (FRN) for the 2022 NWPL update can be found here: https://www.federalregister.gov/documents/2023/01/20/2023-01026/national-wetland-plant-list.   The public comment period ends on 21 March 2023.

The wo species and their draft 2022 wetland ratings by region, as well as the FRN, can also be viewed at the NWPL homepage, https://wetland-plants.sec.usace.army.mil/, under “2022 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.  Providing ratings without supporting documentation or information is not recommended.  All submitted comments and information will be compiled and sent to the National Panel for their consideration.

USACE is also seeking comments regarding the NWPL update process and a proposed change to update the NWPL every three years, rather than the present every two years.  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

USACE administers the NWPL for the United States and its territories.  The NWPL provides plant species indicator status ratings, which are used in determining whether the hydrophytic vegetation factor is met when conducting wetland delineations under the Clean Water Act and wetland determinations under the Wetland Conservation Provisions of the Food Security Act. Other applications of the NWPL include wetland restoration, establishment, and enhancement projects.  Additions or deletions to the NWPL represent new records, range extensions, nomenclatural and taxonomic changes, and newly proposed species.  The latest review process began in 2022 and included review by Regional Panels and the National Panel. 

 EPA and Army Announce Next Steps for Crafting Enduring Definition of Waters of the United States

Today, 30 July 2021, the U.S. Environmental Protection Agency and Department of the Army (the agencies) announced upcoming community engagement on the agencies’ plans to write a new definition of “waters of the United States” (WOTUS) under the Clean Water Act.  The announcement is available at https://www.epa.gov/newsreleases/epa-and-army-announce-next-steps-crafting-enduring-definition-waters-united-states .

EPA and Army have stated that it is their intent to provide certainty by developing a reasonable, effective, and durable definition of WOTUS that protects public health, the environment, and downstream communities and economies, while supporting agriculture and other industries.

The announcement marks a key step in the agencies’ efforts to write a new rule to define WOTUS.  EPA and Army have stated that it is their intent to conduct this rulemaking by following science and the law, emphasizing implementation, and working collaboratively with states, tribes, local governments, and stakeholders.

The engagement opportunities include an opportunity for stakeholders and the public to provide written recommendations and a series of public meetings in August to hear perspectives on the agencies’ rulemaking process. In addition, the agencies are initiating Federalism and Tribal consultations for the foundational rule that would restore the regulations defining WOTUS that were in place for decades until 2015, with updates to be consistent with relevant Supreme Court decisions. The agencies also intend to host a series of dialogues with state and Tribal co-regulators this fall to discuss both anticipated rulemakings.

Additionally, the agencies plan to convene regionally focused and inclusive roundtables during the upcoming fall and winter. These roundtables will allow a full spectrum of stakeholders to engage and discuss their experience with definitions of WOTUS—including what has worked and what has not. The roundtables will provide opportunities to discuss geographic similarities and differences, particular water resources that are characteristic of or unique to each region, and site-specific feedback about implementation.

The agencies are still developing the approach to regional roundtables and have expressed the understanding that it is crucial to involve stakeholders from across the country. The agencies have stated an eagerness to hear from a wide spectrum of participants during their upcoming public meetings and have invited us to share this public meeting opportunity widely outside the Agency.

EPA and Army are updating their WOTUS website to include registration links for the August public meetings and the Federal Register Notice and will link to the press release. For more information about the agencies’ outreach and engagement plans, and more generally on the definition of “waters of the United States,” visit https://www.epa.gov/wotus .

 Release of Form ENG 6082 - Nationwide Permit Preconstruction Notification

On January 6, 2017, the U.S. Army Corps of Engineers (Corps) published the notice in the Federal Register announcing the reissuance of all existing nationwide permits (NWPs), general conditions, and definitions with some modifications. The NWPs became effective on March 19, 2017, and will expire on March 18, 2022.

Certain NWPs require project proponents to notify Corps district engineers of their proposed activities prior to conducting the activities authorized by those NWPs, so that the district engineers can make case-specific determinations of NWP eligibility. The notification takes the form of a pre-construction notification (PCN). The purpose of a PCN is to give the district engineer an opportunity to review a proposed NWP activity to ensure that the proposed activity qualifies for NWP authorization.  In most cases, the district engineer has 45 days after receipt of a complete PCN to determine whether the proposed activity qualifies for NWP authorization or requires another form of Corps authorization.  More information on when an activity requires a PCN can be found in the Federal Register Notice:

https://www.govinfo.gov/content/pkg/FR-2017-01-06/pdf/2016-31355.pdf

Potential users of the NWPs should also check the District’s website with the regional conditions for the NWPs, to determine if a PCN is required for a proposed activity.  

To assist applicants in providing complete information needed for NWP PCNs, this PCN application form was created and approved by the Office of Management and Budget (OMB) in February 2019.  The use of this form is strongly encouraged to assist Corps districts with a streamlined evaluation of an applicant’s proposal.  Submitting a completed PCN form is expected to reduce requests for additional information requests and should reduce the amount of time it takes the district engineer to conclude his or her review. 

Instructions on how to complete the PCN application form and the PCN form can be found at:

https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program=and-Permits/Obtain-a-Permit

 2020 National Wetland Plant List Draft

24 March 2021 - The U.S. Army Corps of Engineers (USACE), as part of an interagency effort with the U.S. Environmental Protection Agency (EPA), the U.S. Fish and Wildlife Service (FWS) and the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS), is announcing the availability of the draft changes to the 2020 NWPL and its web address to solicit public comments.  The public now has the opportunity to comment on the proposed changes to wetland indicator status ratings for five plant species in select regions and the addition of 22 new plant species to the NWPL.  The Federal Register Notice (FRN) for the 2020 NWPL update can be found here: https://www.govinfo.gov/content/pkg/FR-2021-03-24/pdf/2021-05989.pdf.   The public comment period ends on 24 May 2021.

The 27 species and their draft 2020 wetland ratings by region, as well as the FRN, can be viewed at the NWPL homepage, http://wetland-plants.usace.army.mil/, under “2020 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.  Providing ratings without supporting documentation or information is not recommended.  All submitted comments and information will be compiled and sent to the National Panel for their consideration.

USACE is also seeking comments regarding the administrative change to the South Pacific Islands subregion and 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

USACE administers the NWPL for the United States and its territories.  The NWPL provides plant species indicator status ratings, which are used in determining whether the hydrophytic vegetation factor is met when conducting wetland delineations under the Clean Water Act and wetland determinations under the Wetland Conservation Provisions of the Food Security Act. Other applications of the NWPL include wetland restoration, establishment, and enhancement projects.  Additions or deletions to the NWPL represent new records, range extensions, nomenclatural and taxonomic changes, and newly proposed species.  The latest review process began in 2020 and included review by Regional Panels and the National Panel. 

 Navigable Waters Protection Rule

21 April 2020 - EPA and Army Publish the Navigable Waters Protection Rule The Environmental Protection Agency (EPA) and the Department of the Army’s Navigable Waters Protection Rule: Definition of “Waters of the United States” was published in the Federal Register. This final rule establishes the scope of federal regulatory authority under the Clean Water Act. The Navigable Waters Protection Rule includes four simple categories of jurisdictional waters and provides specific exclusions for many water features that traditionally have not been regulated. The final rule will become effective on June 22, 2020. The published version is 93 pages, and the citation is: 85 FR 22250.  The Federal Register notice is available at https://www.federalregister.gov/documents/2020/04/21/2020-02500/the-navigable-waters-protection-rule-definition-of-waters-of-the-united-states. Additional information about the rule can be found on the EPA website at https://www.epa.gov/nwpr.

 Electronic Submittals Required

Due to Coronavirus (COVID-19) precautions, effective immediately, the St. Louis District Regulatory Branch is requesting all incoming correspondence be submitted electronically.  Please see the public notice page for more details and the link to download the Section 404 permit applications from our website.   

 Emergency Permits

As floodwaters recede in the St. Louis District, we are aware of damages that have resulted from high water and increased flow velocities. Many of the damages are on high ground and may not require authorization from the U.S. Army Corps of Engineers. However, Section 10 of the Rivers and Harbors Act (Section 10) and Section 404 of the Clean Water Act (Section 404) permit requirements and general conditions apply to repairs that occur in Waters of the U.S., which includes navigable rivers, streams, ponds, lakes, and/or wetland areas. Below is a document to assist you in determining the permitting requirements for our district.

Flood Repairs

 

Draft 2018 NWPL

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.  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.

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

 

EPA and Army publish proposed revised WOTUS definition

The U.S. Environmental Protection Agency (EPA) and the Department of the Army announced today the publishing in the Federal Register of the proposed new definition of "waters of the United States" that clarifies federal authority under the Clean Water Act.  The notice is available at https://www.federalregister.gov/documents/2019/02/14/2019-00791/revised-definition-of-waters-of-the-united-states. The agencies' proposal is the second step in a two-step process to review and revise the definition of "waters of the United States" consistent with the February 2017 Presidential Executive Order entitled "Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the 'Waters of the United States' Rule." The publishing of the proposal and outreach efforts were delayed due to the lapse in appropriations for EPA. Today's notice begins a 60-day public comment period that will close on April 15, 2019. EPA and the Army will hold an informational webcast on February 14, 2019, and will host a listening session on the proposed rule in Kansas City, KS, on February 27-28, 2019. Information, including supporting analyses and fact sheets, are available at: https://www.epa.gov/wotus-rule/step-two-revise and https://www.epa.gov/wotus-rule

 

Clean Water Rule: Final Rule

Implementation of this rule is temporarily stayed; until further notice all determinations and permitting actions will be based on guidance in place prior to 28 August 2015.

http://www.usace.army.mil/Portals/2/docs/civilworks/regulatory/news/FRN_CleanWaterRule.pdf

 

Draft Waters of the US Rule

11 December 2018 - EPA and Army Propose New "Waters of the United States" Definition The U.S. Environmental Protection Agency and the Department of the Army have proposed a new definition of "waters of the United States" that clarifies federal authority under the Clean Water Act.  The agencies' proposal is the second step in a two-step process to review and revise the definition of "waters of the United States" consistent with the February 2017 Presidential Executive Order entitled "Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the 'Waters of the United States' Rule."  The agencies will take comment on the proposal for 60 days after publication in the Federal Register. EPA and the Army will also hold an informational webcast on January 10, 2019, and will host a listening session on the proposed rule in Kansas City, KS, on January 23, 2019.  More information including a pre-publication version of the Federal Register notice, the supporting analyses and fact sheets are available at: https://www.epa.gov/wotus-rule/step-two-revise and https://www.epa.gov/wotus-rule.

 

WOTUS Hearing Postponed

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.

 Jurisdictional Determinations
31 October 2016 - The U.S. Army Corps of Engineers announced today 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.
 Expiration of forms
Both the Individual Permit application form  (ENG Form 4345) and the Regulatory Customer Service Survey form have expired. The use of these expired forms will have no effect on ths permit process. Once the forms have been updated, changes will be posted on our website.
 2014 National Wetland Plant List
The 2014 NWPL has been published on the NWPL website and the updated list contains 8057 plant species, an increase of 120 species, based on new literature. The majority of these new species received FACU ratings. The bulk of the 2014 update is the additional ratings for 754 species that were noted to occur in other areas of the 10 Corps Regional Supplement regions, based on the literature and herbarium records. All of these species were already included on the NWPL and only the new occurrences were rated. The 2014 update includes no nomenclature or taxonomic changes. Overall, these revisions represent a less than one percent change in species and ratings from the 2013 NWPL. Many of those plants that were updated are uncommon.  A summary of all the changes can be found on the NWPL website under the “What’s New?” section.