Regulatory Quick Links

July 8, 2019: NOTICE OF COMMENT PERIOD EXTENSION:  The United States Army Corps of Engineers published on June 12, 2019 a public notice titled “SPECIAL NOTICE-Wetland Mitigation Banking and In-Lieu Fee Programs in Ohio”.  The purpose of the public notice was to solicit comments on the Ohio Interagency Review Team’s draft document titled “Guidelines for Wetland Mitigation Banking and In-lieu Fee Programs in Ohio, Version 2.0” (Guidelines). The public comment period on this proposal has been extended until August 4, 2019.  All aspects of the proposal, described in the original public notice, remain unchanged and may be referenced at:

The Guidelines may be referenced at:

June 10, 2019: 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, 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
May 3, 2019USACE Buffalo District in cooperation with the New York State Department of Environmental Conservation (DEC) and New York State Department of State (DOS) have issued guidance regarding permits available for the purpose of shore protection to safeguard existing functional erosion control structures, roads, bridges, infrastructure, and property along Lake Ontario shoreline and the Saint Lawrence River including affected portions of navigable bays and tributaries.  For more information, click here

February 14, 2019EPA and Army publish proposed revised "waters of the United States" definition: The U.S. Environmental Protection Agency (EPA) and the Department of the Army announced 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 60-day public comment period closed on April 15, 2019. Information, including supporting analyses and fact sheets, are available at: and Read the Public Notice by CLICKING HERE.

August 16, 2018Rule Status and Litigation Update regarding the Definition of "Waters of the United States"  - all Jurisdictional Determinations in NY and OH are subject to the 2015 Clean Water Rule.  More Information - Click here.

August 15, 2018: Emergency Regional Permit (RP) 99-000-1 activated for the following counties: Broome, Chemung, Chenango, Cortland, Monroe, Onondaga, Ontario, Schulyer, Seneca, Steuben, Tioga, Wayne and Yates Counties. Click HERE for this permit located under 'Types of Permits, Regional General Permit 99-000-1'.

Regulatory Guidance Letter (RGL) 16-01 regarding "Jurisdictional Determinations"- Click HERE.