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Click here for latest Definition of "Waters of the United States", USACE Headquarters.

April 21, 2020 - 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’s website at https://www.epa.gov/nwpr

Wetlands - “Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.” 33CFR 328.3 and 1987

Wetland Delineation - Technical & Biological Info

Recognizing Wetlands

Wetlands & Agriculture

New York Wetlands - What You Should Know Before You Build or Buy

Ohio Wetlands - What You Should Know Before You Build or Buy

Hydric Soils

National Wetland Plant List (NWPL) : *NEW* May 21, 2020 NWPL 2018 Update -

The U.S. Army Corps of Engineers (Corps), 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 final 2018 National Wetland Plant List (NWPL). The Federal Register Notice for the 2018 NWPL update can be found here: https://www.govinfo.gov/content/pkg/FR-2020-05-18/pdf/2020-10630.pdf.

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. The list is effective as of May 18, 2020 and will be used in any wetland delineations performed after this date. Completed wetland delineation/determination forms should reference the version of the NWPL used to complete the form. The final NWPL is available at http://wetland-plants.usace.army.mil/. State, regional, and national lists can also be downloaded from this site.

1987 Wetland Delineation Manual

Northcentral and Northeast Regional Wetland Delineation Supplement (Version 2.0)

Midwest Region Regional Wetland Delineation Supplement (Version 2.0)

Automated Wetland Determination Data Form

Jurisdictional Determinations: A Jurisdictional Determination (JD) is a two step process of 1) identifying and locating jurisdictional Waters of the United States (including wetlands) on a property and 2) determining whether those areas are regulated by the U.S. Army Corps of Engineers under section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act. Receiving a jurisdictional determination is recommended when planning a project.

U.S. EPA General Information

RGL 16-01- Jurisdictional Determinations

Appendix 1 - Request for Corps JD
Appendix 2 - Preliminary JD Form
Questions and Answers on RGL 16-01
Quick Reference Chart for RGL 16-01
Sample Questions for RGL 16-01

RGL05-02 - Regulatory Guidance Letter: Expiration of Geographic Jurisdictional Determinations of Waters of the United States Required Information for Jurisdictional Determinations.

Clean Water Act Guidance - this single link will provide all available guidance on the Clean Water Act, including the Instructional Guidebook, as well as updates and revisions.

Mitigation - Permit applicants are required to describe how they will avoid, minimize, and compensate for impacts to waters of the United States. Unavoidable impacts may require compensatory mitigation to help offset the loss of functions and services. Typically, compensatory mitigation will be required for permanent jurisdictional wetland losses greater than 0.1 acre. Compensatory mitigation for jurisdictional streams or other aquatic resource impacts will be determined on a case-by-case basis. For additional information regarding mitigation requirements, please review the information below [Expand the + for more details, links, and documents] and/or contact us.

September 1, 2020: Ohio Interagency Review Team (IRT) issues joint public notice regarding “Guidelines for Wetland Mitigation Banking and In-lieu Fee Programs in Ohio, Version 2.0,” CLICK HERE for details. To view a PDF copy, click here.

Mitigation Rule and Court Case Information:

- Final Mitigation Rule

- Final Mitigation Rule - Questions & Answers

- News Release - Army Corps & EPA

- USACE Headquarters Mitigation Information

Fact Sheets:

- Site Protection of Compensatory Mitigation Projects Fact Sheet

- Watershed Approach to Compensatory Mitigation Projects Fact Sheet

- Financial Assurances of Compensatory Mitigation Fact Sheet

- Long-Term Management of Compensatory Mitigation Projects Fact Sheet

Specific Information for Ohio:

- Guidelines for Stream Mitigation Banking and In-Lieu Fee Programs in Ohio

- Ohio Wetland Mitigation Banking Guidelines

Find Available Credits from Mitigation Banks or In-Lieu Fee Programs:

- RIBITS - Regulatory In-Lieu Fee and Bank Information Tracking System

- Online RIBITS Tutorial

- Utilizing the RIBITS "Find Credits Tool"

Templates:

- FINANCIAL ASSURANCES - PERFORMANCE BOND TEMPLATE

The "Performance Bond Template" document link is provided for drafting purposes. Please contact the Buffalo District Office of Counsel should you have questions or wish to consult regarding any of the procedures involved in the processing of this legal document. Do not execute and record the instrument and exhibits (including any survey(s)) until approved in writing by the USACE.

Performance Bond Template

- MODEL DECLARATION OF RESTRICTIVE COVENANTS

The following “Declaration of Restrictive Covenants” document is provided for drafting purposes. Please contact the Buffalo District Office of Counsel should you have questions or wish to consult regarding any of the procedures involved in the processing of this legal document. Do not execute and record the instrument and exhibits (including the survey(s)) until approved in writing by the USACE.

NY Model Declaration of Restrictive Covenants Document

Ohio Model Declaration of Restrictive Covenants Document

- MODEL CONSERVATION EASEMENT

The following “Model Conservation Easement” document is provided for drafting purposes. Please contact the Buffalo District Office of Counsel should you have questions or wish to consult regarding any of the procedures involved in the processing of this legal document. Do not execute and record the instrument and exhibits (including the survey(s)) until approved in writing by the USACE.

NY Model Conservation Easement Document

Ohio Model Conservation Easement Document

Additional Mitigation Information:

- IWR White Paper: Implementing Financial Assurance for Mitigation Project Success

- Regulatory Guidance Letter 08-03: Minimum Monitoring Requirements for Compensatory Mitigation Projects

- Compensatory Mitigation Site Protection Instrument Handbook for the Corps Regulatory Program

- Mitigation Plan Requirements

- Compensatory Mitigation Rule Timeline for Bank or ILF Instrument Approval

Section 10 Waterways