The following questions are often asked about the regulatory program and may not apply to every project. If you have additional questions or need clarification, please contact us.

Why does the Corps of Engineers regulate work in wetlands?
The USACE Regulatory Division has been involved in regulating activities in navigable waterways through the granting of permits since the passage of the Rivers & Harbors Act of 1899. This program was meant to prevent obstructions to navigation (Section 10, but also included provisions to regulate dams and dikes (Section 9) and refuse disposal (Section 13). Passage of the Clean Water Act (Section 404) in 1972 broadened this role by giving the USACE Regulatory Division the responsibility for regulating the discharge of dredged or fill material into “waters of the United States,” including certain wetlands.
What types of permits are issued by the USACE Regulatory Division?
The USACE Regulatory Division issues the following types of permits: Letters of Permission, Nationwide Permits, General or Regional Permits, and Individual Permits. More information regarding these permits can be found on our Types of Permits page.
How much does it cost for a permit?
Most permits issued by the USACE Regulatory Division such as Letters of Permission (LOP), Nationwide Permits (NWPs), and Regional General Permits (RGPs) do not have a permit fee. Individual Permits (IPs) have fees of $10 for individuals for non-commercial activities and $100 for commercial or industrial activities. There are no fees charged to other governmental agencies. Permit fees are only collected once the permit has been issued and accepted by the permittee. Applicants are now able to pay Department of the Army permit fees online at pay.gov instead of writing and mailing a check. This convenient option allows for multiple payment methods (bank account, Amazon account, PayPal, debit or credit card).
When should I apply for a USACE Regulatory Division permit?
You should apply as early as possible during the conceptual stage of the project. Two to three months is normally required to evaluate a routine application involving a public notice. You must have the required approvals before you begin any work.

For a large or complex activity, a pre-application meeting or an informal consultation with the USACE Regulatory Division during the early planning phase of your project is recommended. You may receive useful information at this point which could prevent delays later. When in doubt about the requirement for a permit or what you need to do, don t hesitate to call the local USACE Regulatory Division office.
What will happen if I do work without getting a permit from the USACE Regulatory Division?
Performing unauthorized work in waters of the United States or failure to comply with terms and conditions of your permit can have serious consequences. You would be in violation of Federal law and could face penalties including fines, requirements to restore the area, or both. Enforcement is an important part of the USACE Regulatory Division regulatory program. The USACE Regulatory Division works with State and Local agencies to monitor their permit programs and to expedite the permit review process where possible. When in doubt about whether a planned activity needs a permit, contact USACE or visit us online.
Does the USACE Regulatory Division complete compliance checks?
Yes, the USACE Regulatory Division has authority to determine if an activity complies with the terms and conditions of an issued permit. The USACE Regulatory Division may reach out from the time of issuance and up to five years after the permit issuance to ensure the project is completed to the permit terms and conditions. Compliance checks occur every year, but may vary on location due to staffing and budget. Each permittee who receives a verification letter from the USACE Regulatory Division must provide a signed certification documenting completion of the authorized activity and implementation of any required compensatory mitigation. The success of any required permittee-responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer. The USACE Regulatory Division will provide the permittee the certification document with their verification letter. The project is still subject to the USACE Regulatory Division completing an in-person compliance inspection after submitting any self-certifications. If a project is found to be not in compliance, the USACE Regulatory Division will reach out with further guidance on corrective measures.
Is it likely that my request to do work will be denied?
Nationwide, only a small percentage of all requests for permits are denied. Those few applicants who have been denied permits usually have refused to change the design, timing, or location of the proposed activity to address environmental concerns. The USACE Regulatory Division will try to give you helpful information, including the factors it evaluates during the public interest review as well as alternatives to consider that may prove to be useful in designing an acceptable project.
What is a wetland, and what is its value?
Wetlands are areas that are periodically or permanently inundated or saturated by surface or ground water and support vegetation adapted for life in saturated soil. Wetlands include swamps, marshes, bogs, and similar areas. A significant natural resource, wetlands serve important functions. They provide storage areas for storm and flood waters, protection of other areas from wave action and erosion, natural recharge areas where ground and surface water are interconnected, and natural water filtration and purification functions, fish and wildlife habitat, food chain production, as well as nesting, spawning, rearing and resting sites for aquatic and land species.

Although individual alterations of wetlands may constitute a minor change, the combined effect of many changes often results in major damage to aquatic resources. During the review of applications for alteration of wetlands, the USACE Regulatory Division considers whether the proposed activity needs to be located in
a wetland or waterway and whether or not alternatives exist which would be less damaging.

Wetland boundaries are determined using the three parameter approach described in the 1987 Corps of Engineers Wetlands Delineation Manual. These boundaries are often different from those delineated based on state and local laws. The Alaska District can provide data forms for use with the Corps of Engineers Wetlands Delineation Manual, as well as offer to complete a wetland delineation up to 5 acres.
How can I design my project to eliminate the need for a USACE permit?
1. In an area of tidal waters, the best way to avoid the need for a permit is to select a site that is above the high tide line and avoid wetlands or other waterbodies. See jurisdiction diagram here.
2. In the vicinity of fresh water, stay above ordinary high water and avoid wetlands adjacent to the stream or lake. See jurisdiction diagram here.
3. In non-navigable waters only regulated under Section 404 of the Clean Water Act, you may be able to eliminate the need for a permit by using excavation-only construction methods. This involves directly excavating material from aquatic resources and disposing of the material in uplands without placing the material for any amount of time in aquatic resources (e.g., wetlands, streams, lakes). If you grade material, push material, or temporarily side-cast material in aquatic resources then that is not excavation-only construction and a permit may be required.
4. If complete avoidance is not possible, design your project to meet the requirements of a general permit, which will simplify the permitting process. Contact us to schedule a pre-application meeting to obtain information on permitting and exemptions.
What if there's an emergency and I must protect my site/property?
The USACE Regulatory Division's definition of an emergency is:
- an unacceptable hazard to life;
- a significant loss of site/property; or
- an immediate, unforeseen, and significant economic hardship.
The USACE Regulatory Division has the responsibility to determine if the proposed work is consistent with our definition of an emergency, whether authorization is needed, and if so, which type of authorization is required. These determinations are made on a case-by-case basis. Emergency declarations by the state or a county government may not mean all projects within the area qualify for emergency permitting procedures.

You are encouraged to notify us of the need to perform emergency work before taking any action. Call the USACE Regulatory Division as soon as possible to discuss the situation. Be prepared to discuss the project location and what in-water work you propose.

All permit reviews, including emergency reviews, require coordination with tribes, state, and federal agencies. In an emergency, reasonable effort will be made to take into consideration comments received from interest groups and others who may be affected by the action. You may need to conduct a wetland delineation, cultural resource investigations, sediment evaluation, or other preparatory work when applying for authorization from USACE Regulatory Division.
How are waters of the United States defined?
Waters of the United States is a threshold term in the Clean Water Act and establishes the geographic scope of federal jurisdiction under the Act. Clean Water Act programs, including Water Quality Standards, TMDLs, and sections 311, 402, and 404 address navigable waters, defined in the statute as the waters of the United States, including the territorial seas. The Clean Water Act does not define waters of the United States; rather, it provides authority for EPA and the U.S. Department of the Army to define waters of the United States in regulations, which can be found at section 40 CFR 230.3(s) of the Clean Water Act , as well as at 33 CFR Part 328. Multiple Supreme Court decisions have modified the definition of waters of the United States. Please see the EPA webpage for the most up-to-date guidance on the definition. If you are not sure if waters on your site/property are jurisdictional contact us to discuss our jurisdictional determination review process.
How is “fill" defined?
The term “fill" refers to material placed in waters of the U.S. (WOTUS) in which the material has the effect of:
- Replacing any portion of a WOTUS with dry land; or
- Changing the bottom elevation of any portion of a WOTUS
Examples of such fill material can include, but are not limited to rock, sand, soil, clay, plastics, construction debris, wood chips, overburden from mining or other excavation activities, and materials used to create any structure or infrastructure in the waters of the United States.
What is a Jurisdictional Determination?
The identification and location of jurisdictional Waters of the United States including wetlands regulated by the USACE Regulatory Division under Section 404 of the CWA and Sections 9 and 10 of the RHA is determined through a process known as a Jurisdictional Determination (JD). The USACE Regulatory Division uses a multi-parameter approach defined in Technical Report Y-87-1, Corps of Engineers Wetlands Delineation Manual, dated January 1987, and supplemental guidance when making wetland determinations. It generally requires positive evidence of hydrophytic vegetation, hydric soils, and wetlands hydrology for some portion of the growing season for a determination that an area is a federally-regulated wetland.
What types of Jurisdictional Determinations are there, and how do I know which one to request?
There are two types of JDs that can be requested. Preliminary JDs (PJDs) are advisory in nature and may not be appealed. A landowner, permit applicant, or other “affected party” may elect to use a PJD to voluntarily waive or set aside questions regarding CWA/RHA jurisdiction over a particular site, usually in the interest of allowing the landowner or other “affected party” to move ahead expeditiously to obtain a USACE Regulatory Division permit authorization where the party determines that is in his or her best interest to do so.

An Approved JD (AJD) is an official Corps determination that jurisdictional waters of the United States are either present or absent on a particular site. An AJD is valid for five years and can be appealed through the USACE Regulatory Division administrative appeal process set out at 33 CFR Part 331.
What is compensatory mitigation?
The objective of the Clean Water Act (CWA) is to restore and maintain the chemical, physical, and biological integrity of the Nations waters. When there is a proposed discharge, all appropriate and practicable steps must first be taken to avoid and minimize impacts to aquatic resources. For unavoidable impacts that result in adverse effects, compensatory mitigation may be required to replace the loss of wetland, stream, and/or other aquatic resource functions. The USACE Regulatory Division (or approved state authority) is responsible for determining the appropriate form and amount of compensatory mitigation required. Methods of providing compensatory mitigation include aquatic resource restoration, establishment, enhancement, and preservation.
How is compensatory mitigation accomplished?
Compensatory mitigation is typically accomplished through the following three ways:
1. Mitigation Banks: A permit applicant may obtain credits from a mitigation bank. A mitigation bank is a wetland, stream or other aquatic resource area that has been restored, established, enhanced, or preserved. This resource area is then set aside to compensate for future impacts to aquatic resources resulting from permitted activities. The value of a bank is determined by quantifying the aquatic resource functions restored, established, enhanced, and/or preserved in terms of credits. Permittees, upon approval of regulatory agencies, can acquire these credits to meet their requirements for compensatory mitigation.
2. In-Lieu Fee Mitigation: A permit applicant may make a payment to an in-lieu fee program that will conduct wetland, stream or other aquatic resource restoration, creation, enhancement, or preservation activities. In-lieu fee programs are generally administered by government agencies or non-profit organizations that have established an agreement with the regulatory agencies to use in-lieu fee payments collected from permit applicants for approved mitigation projects.
3. Permittee-Responsible Mitigation: A permittee may be required to provide compensatory mitigation through an aquatic resource restoration, establishment, enhancement and/or preservation activity. This compensatory mitigation may be provided at or adjacent the impact site (i.e., on-site mitigation) or at another location, usually within the same watershed as the permitted impact (i.e., off-site mitigation). The permittee retains responsibility for the implementation and success of the mitigation project.
Mitigation banks and in-lieu fee mitigation are forms of third-party compensation because a third party, the bank or in-lieu fee sponsor, assumes responsibility from the permittee for the implementation and success of the compensatory mitigation.

How is a project evaluated by the USACE Regulatory Division?

The project will be reviewed, balancing the need and expected benefits against the probable impacts of the work, taking into consideration all comments received and other relevant factors.

Permit Evaluation Factors

Regulatory Program Mission: The mission of the U.S. Army Corps of Engineers’ Regulatory Division offices is to protect the nation’s aquatic resources, while allowing reasonable development through fair, flexible and balanced permit decisions. The USACE Regulatory Division’s permit application process gives applicants the opportunity to demonstrate that they have avoided and minimized impacts to waters of the United States as much as possible. The mission of the U.S. Army Corps of Engineers’ Regulatory program is to protect the nation’s aquatic resources, while allowing reasonable development through fair, flexible and balanced permit decisions.

During the permit process, the USACE Regulatory Division considers the views of other federal, state and local agencies, Native American tribes, interest groups, and the general public. The results of this careful public interest review are fair and equitable decisions that allow reasonable use of private property, infrastructure development, and growth of the economy, while offsetting the authorized impacts to the waters of the United States. The USACE Regulatory Division strives to make its permit decisions in a timely manner.

The following general criteria will be considered in the evaluation of every application:

the relative extent of the public and private need for the proposed activity;
the practicability of using reasonable alternative locations and methods to accomplish the objective of the proposed activity;
the extent and permanence of the beneficial and/or detrimental effects which the proposed activity is likely to have on the public and private uses to which the area is suited.

Benefits and detriments are balanced by considering effects on:

Aesthetics	Floodplain Values	Recreation
Conservation	Food and Fiber Production	Safety
Consideration of Property Ownership	General Environmental Concerns	Shoreline Erosion and Accretion
Economics	Historic Properties	Water Quality
Energy Needs	Land Use	Water Supply and Conservation
Fish and Wildlife Values	Mineral Needs	Wetlands
Flood Hazards	Navigation Needs and Welfare of the People

What outreach opportunities does the USACE Regulatory Division provide?
As part of our community outreach mission, the USACE, Regulatory Division, Alaska District provides an educational wetlands exhibit for public events, school presentations, and other qualified community activities. We aim to promote understanding of wetland functions, permitting, and other Regulatory topics. If there is interest in the Corps coming to an event to talk about the Regulatory program, please reach out to out general inbox with questions and requests.
Where can I meet with the USACE Regulatory Division?

The Alaska District has two options for walk-up meeting opportunities to discuss project plans, submit permit application material, and/or to ask general questions:

The Kenai Field Office is located at 44669 Sterling Highway, Suite B, Soldotna, Alaska. The office is typically open daily from 8 a.m. to 4 p.m. but may be closed due to staff availability. To confirm staff will be present, please contact the Kenai Field Office at (907) 753-2689.

The USACE Regulatory Division representatives sit-in at the Matanuska-Susitna Borough Permitting Office at 350 E. Dahlia Ave., Plamer, Alaska every Thursday. To confirm if representatives will be present or to set up an appointment, please contact our mainline phone number at (907) 753-2712.
What is the Freedom of Information Act (FOIA)?

FOIA 5 U.S.C. § 552 is a mechanism by which members of the general public can obtain copies of government records. Any “person” can file a FOIA request including U.S. citizens, foreign nationals, corporations, and organizations.
What constitutes a record that can be requested under FOIA?

Not all government documents must go through the FOIA process to be disclosed. Any document readily available to the public may be released absent a FOIA request. This rule applies to brochures, flyers, published materials, and other documents accessible via the Internet.

All other documents not publicly available must be released through the FOIA, such as copies of letters to and from the USACE Regulatory Division that reference USACE Regulatory Division projects, project research, diagrams, reports, and technical specifications; contract information pertaining to Corps projects; project data; and personnel information.

FOIA covers all existing agency records regardless of the form or format. For example, email, contracts, photos, and maps are covered.
Can questions be asked under FOIA?

FOIA does not require federal agencies to answer questions, create records, render opinions, or provide subjective evaluations. Requesters can ask for existing records.
What documents must be withheld under FOIA (FOIA Exemptions)?
Records released under FOIA are subject to being withheld under one of the nine FOIA exemptions, as described in 5 U.S.C. § 552(b)(1)-(9):
1. Records currently and properly classified in the interest of national defense or foreign policy.
2. Records related solely to internal personnel rules and practices, which, if released, would allow circumvention of an agency function.
3. Records protected by another law that specifically exempts the information from public release.
4. Trade secrets and commercial or financial information obtained from a private source that would cause substantial competitive harm to the source if disclosed.
5. Internal records that are deliberative in nature and part of the decision process that contains opinions and recommendations.
6. Records which, if released, would result in a clearly unwarranted invasion of personal privacy.
7. Investigatory records or information complied for law enforcement purposes.
8. Records for the use of an agency responsible for the regulation or supervision of financial institutions.
9. Records containing geological and geophysical information (including maps) concerning wells.
Even if an exemption applies, it does not necessarily mean we can withhold an entire document. We will redact those specific portions of a document that an exemption applies to, all other portions of the document may be released.
What is a FOIA denial?
When information is withheld, whether fully, partially, or due to an absence of records, it is considered a denial under FOIA. A request may be denied for one or more of the nine exemptions. When this happens, the requester will be notified in writing by the Initial Denial Authority (District Counsel) and given their appeal rights. If there is an exemption in a document, it does not always mean that the whole document will be withheld. If there is only a specific portion of a document that an exemption applies to, that portion will be redacted. All other portions of the document will be released. Denials can be appealed. If your request is initially denied in whole or in part under one or more of the nine exemptions, or due to an absence of records, the denial letter will include the proper procedures for submitting an appeal.
Do I have to pay for a FOIA request?
FOIA allows fees to be charged to certain types of requesters, but it also provides that waivers or reductions in fees be given if disclosing the information is in the public interest. Public interest is defined as information which significantly enhances the public s knowledge of the operation and activities of the agency. FOIA requires that requesters be placed into one of the following categories. For more information, see DOD 5400.7-R.
- Commercial - Requesters who seek information for a use or purpose that furthers their commercial, trade, or profit interest are considered commercial requesters. Commercial requesters pay all fees for search, review and duplication.
- Educational - Institutions of education, including preschools, elementary or secondary schools and institutions of higher learning, qualify as educational institutions. The records must be sought in furtherance of scholarly research. Educational requesters pay only duplication fees, unless it is determined that fees are waived or reduced in the public interest. The first 100 pages are provided at no cost.
- Non-Commercial Scientific - A non-commercial scientific institution is operated solely for conducting scientific research. The records must be sought in furtherance of scientific research. Like educational requesters, these requesters pay only duplication fees, unless it is determined that fees are waived or reduced in the public interest. The first 100 pages are provided at no cost.
- News Media - A representative of the news media is a person actively gathering news for an entity organized and operated to publicize or broadcast news to the public. News media pay only duplication fees, unless it is determined that fees are waived or reduced in the public interest. Again, the first 100 pages are provided at no cost.
- “Other” Requester - Requesters who do not qualify in any other category are considered “other” requesters, and normally make requests for agency records for their own personal use. “Other” requesters receive two hours free search and review, and the first 100 pages at no cost.
All requesters must include a “willingness to pay statement” in their request, regardless of the fee category. The requester can set a limit on the costs to be incurred. For example, he/she may state “not to exceed $50.” If the estimate for the request exceeds the agreed upon limit the FOIA Officer will call the requester to discuss his/her options. A few options at this time would be to narrow the request, authorize additional funds, or cancel the request.

What are the fees for a FOIA request?

Standard fees are assessed for a FOIA request. The basic fees are listed below!
- Professional search and review: $48 per hour
- Clerical search and review: $24 per hour
- Office photocopies (8 1/2” x 11”): 15 cents per page
  Non-commercial requesters receive the first 100 pages for free.
Do I qualify for a fee waiver for a FOIA request?

Fee waivers may be considered, except commercial requests. A fee waiver may be granted when the disclosure of the records is in the public s interest because it is likely to contribute significantly to the public's understanding of the operations or activities of the government. The factors that are considered when making a fee waiver determination!
- The subject of the request.
- The informative value of the information to be disclosed.
- The contribution to an understanding of the subject by the general public likely to result for the disclosure.
- The significance of the contribution to public understanding.
- Disclosure of the information is not primarily in the commercial interest of the requester
- The ability of the requester to disseminate the information.
Fee waivers are granted case-by-case. For more information on fee waivers, see Part 286 of Chapter 32 of the Code of Federal Regulations.
What is an Environmental Impact Statement (EIS)?

An EIS is a supporting document that is the most thorough and comprehensive level of National Environmental Policy Act (NEPA) documentation used to assist in making a decision. If a Finding of No Significant Impact (FONSI) can not be made in an Enivronmental Assessment (EA), an EIS level analyzation must be completed. The EIS is not a decision document when developed in conjunction with a USACE Regulatory action, meaning that the U.S. Army Corps of Engineers fully considers the information gained when making the decision to approve or deny a proposed Regulatory application, but does not solely base its decision on the outcome of the EIS.

See What is an Environmental Impact Statement?

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