U.S. Army Corps of Engineers announces closure of all Regulatory Offices due to federal government shutdown

NEW YORK – The U.S. Army Corps of Engineers (USACE) New York District today announced it will close its Regulatory offices due to the absence of available federal funding.

The Army Corps' Regulatory Branch makes permit decisions for individuals and developers whose projects impact wetlands and waters of the United States in order to ensure compliance with Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act. This includes permitting construction activities with potential environmental impacts to wetlands or other navigable waterways and/or projects with potential impacts to the navigability of federally authorized navigation channels.

Regulatory offices will be unable to evaluate individual permit applications, pre-construction notifications (PCNs) for nationwide permit (NWP) or regional general permit authorizations, or requests for jurisdictional determinations until after current year funding is received and the offices reopen.

Those applying for NWP authorizations are reminded that proposed NWP activities that require PCNs must wait 45 days before beginning the activity (see 33 CFR 330.1(e)). Please note that certain NWP PCNs require a written response from USACE before beginning the NWP activity. More NWP information can be found at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/NationwidePermits.aspx.

Prospective applicants should ensure proposed activities comply with all NWP terms and conditions, including regional conditions. They must also obtain other required authorizations, such as Clean Water Act Section 401 water quality certification or waiver if the proposed activity involves a discharge into waters of the United States, or Coastal Zone Management Act consistency concurrence or waiver if the proposed activity occurs in the coastal zone, prior to conducting NWP activities.

Regional conditions that have been imposed on the 2012 NWPs are provided online at each Regulatory office Web site:  http://www.nan.usace.army.mil/Missions/Regulatory/NationwidePermits.aspx

For more information on New York District’s Regulatory Program, please visit http://www.nan.usace.army.mil/Missions/Regulatory.aspx.