EP 1165-2-1
30 Jul 99
CHAPTER 21
REGULATORY PROGRAM - PROTECTION OF THE PUBLIC INTEREST
IN THE WATERS OF THE UNITED STATES
21-1.
Background.
a.
Regulatory Approach of the Corps of Engineers.
(1) The U.S. Army Corps of Engineers has been involved in
regulating certain activities in the Nation's waters since 1890.
Until 1968, the primary thrust of the Corps' regulatory program was to
protect navigation. As a result of new laws and judicial decisions,
the Corps' 1968 permit regulations required for the first time a full
public interest review involving a balancing of the favorable impacts
against the detrimental impacts as the primary basis of permit
decisions.
(2) Most of the authority for administering the regulatory
program has been given to the 36 district commanders and 8 division
commanders. There is no administrative appeal of a district or
division commander's decision, except as provided for Federal
agencies under agreements pursuant to Section 404(q) of the Clean
Water Act (CWA).
(3) The Corps seeks to avoid unnecessary regulatory controls.
The general permit program is the primary method of reducing the
intensity of Federal regulation of minor activities.
(4) Applicants are not necessarily due a favorable decision
but they are due a timely one. Reducing unnecessary paperwork and
delays is a continuing Corps goal.
(5) State and Federal regulatory programs should complement
rather than duplicate one another. Use of general permits, joint
processing procedures, interagency review coordination and authority
transfers (where authorized by law) is encouraged to reduce
duplications.
b.
Types of Activities Regulated.
(1)
Dams and dikes in navigable waters of the United States;
(2) Other structures or work including excavation, dredging,
and/or disposal activities, in navigable waters of the United States;
(3) Activities that alter or modify the course, condition,
location, or physical capacity of a navigable water of the United
States;
(4) Construction of fixed structures, artificial islands, and
other devices on the outer continental shelf;
(5) Discharges of dredged or fill material into the waters of
the United States, including incidental discharges associated with
mechanized land clearing, channelization, dredging and other
excavation activities;
(6) The transportation of dredged material for the purpose of
dumping it in ocean waters.
21-2.
Authorities to Issue Permits.
21-1
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