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National Regulatory Program

Buffalo Regulatory Home

Nationwide Permit (NWP) Information: Find copies of each NWP valid in NY and OH, news on NWPs, and other NWP info.

NY Permit Info & Application: Find permit application forms, information for applying for a permit, types and the permit application process

OH Permit Info & Application: Find permit application forms, information for applying for a permit, types and the permit application process

Check Permit Status: Find info for pending applications, finalized actions, finalized Approved Jurisdictional Determinations, and the National ORM Public Portal (a map viewer to find actions).

Public Notices: Find public notices for permits by month/year.

Section 408 Requests and Section 404/10 Applications

408 O verview: Information of the Section 408 program

WRDA 214 Permits

Waters & Wetlands: Find Info for Definition of Waters of the U.S., Wetland Delineations, Jurisdictional Determinations, Compensatory Mitigation, and Section 10 waterways.

Other Resources: Find links to other agencies and sites with relevant info pertaining to USACE Regulatory.

*UPDATE May 17, 2022* Consultant List Within the US Army Corps of Engineers, Buffalo District Boundaries

Contact Us

Regulatory Fact Sheets

Wetlands & Waters

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

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. Drop down this menu to find more information about wetlands.

Wetland Delineation - Technical & Biological Info - This link will take you to our Headquarters page where there is a host of resources to be used to learn about wetlands and federal wetland programs.

Recognizing Wetlands - A pamphlet that summarizes how wetlands can be recognized.

Wetlands & Agriculture - A link to the U.S. Environmental Protection Agency website that provides information about Section 404 of the Clean Water Act and how it is applied to agriculture and agricultural activities.

New York Wetlands - What You Should Know Before You Build or Buy - A fact sheet that provides information on what you should do to determine if there are wetlands in an area that you are considering buying or building on, including some resources in the state of New York.

Ohio Wetlands - What You Should Know Before You Build or Buy - A fact sheet that provides information on what you should do to determine if there are wetlands in an area that you are considering buying or building on, including some resources in the state of Ohio.

Hydric Soils - A link to the USDA Natural Resources Conservation Service, Soils website that provides information on hydric soils and a link to the most current version of the Field Indicators of Hydric Soil book that can be referenced during the performance of a wetland delineation.

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 - An electronic version of the 1987 Corps of Engineers Wetland Delineation Manual (1987), which along with the supplements (the ones used in Buffalo District are below) is the current Federal delineation manual used in the Clean Water Act Section 404 regulatory program for the identification and delineation of wetlands. Except where noted in the manual, the approach requires positive evidence of hydrophytic vegetation, hydric soils, and wetland hydrology for a determination that an area is a wetland.

Northcentral and Northeast Regional Wetland Delineation Supplement (Version 2.0) - One of the supplements to the 1987 Wetland Delineation Manual that is applicable in our District

Midwest Region Regional Wetland Delineation Supplement (Version 2.0) - One of the supplements to the 1987 Wetland Delineation Manual that is applicable in our district.

Automated Wetland Determination Data Form - Use to collect data to determine if an area is a wetland.

Jurisdictional Determinations (JD) - Select this dropdown to learn more about what a JD is, the regulations/court cases behind JDs, how it may be a applicable to your property or project, and for forms associated with them.

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 that may require a Department of the Army permit.

Typically, a jurisdictional determination is made after a wetland delineation has been submitted and the boundaries have been verified by the Corps of Engineers. To request a JD within Buffalo District, the form under RGL 16-01, Appendix 1 should be submitted with accompanying documents needed to make the deterimination to the appropriate Buffalo District email address on our Contact Us page.

U.S. EPA General Information

Revised Guidance on Clean Water Act Jurisdiction Following the Supreme Court Decision in Rapanos v. U.S. and Carabell v. U.S. - 2 December 2008
Revised Rapanos-Carabell Guidance, Response to Comments - 2 December 2008
Revised Rapanos-Carabell Guidance, Questions and Answers - 2 December 2008
Modified Process for Coordinating Jurisdictional Determinations - 28 January 2008
Memorandum for the Field: Coordination on JDs under CWA Section 404 in Light of SWANCC and Rapanos Supreme Court Decisions
January 2003 Legal Memorandum discussing the scope of Clean Water Act jurisdiction in light of the SWANCC ruling and related court decisions.
U.S. Army Corps of Engineers Jurisdictional Determination (JD) Form Instructional Guidebook

Main Text
Acronyms
Questions and Answers
Appendices:
A:   Memorandum Re: CWA Jurisdiction Following U.S. Supreme Court discussion in Rapanos v. United State
B:   Approved JD Form
C:   Memorandum for the Field: Coordination on JDs under CWA Section 404 in Light of SWANCC and Rapanos Supreme Court decisions
D:   Traditional Navigable Waters
E:   RGL 07-01. Practices for Documenting Jurisdiction under Section 404 of the Clean Water Act (CWA) and Sections 9 & 10 of the Rivers & Harbors Act (RHA) of 1899 (superseded by RGL 16-01)
F:   RGL 05-02. Expiration of Geographic Jurisdictional Determinations
G:   RGL 06-01. Determining the Timeliness of Requests for Appeal (RFA)
H:   RGL 05-05. Ordinary High Water Mark (OHWM) Identification

RGL 16-01 - Jurisdictional Determinations

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

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 - Select this dropdown for the lists of Section 10 waterways within the U.S. Army Corps of Engineers, Buffalo District Regulatory area of responsibility.