Welcome to the U.S. Army Corps of Engineers, Louisville District, Regulatory Division Home Page.
The Regulatory Division of the U.S. Army Corps of Engineers Louisville District is responsible for administering the Regulatory Program in the majority of Indiana and Kentucky, the southeastern portion of Illinois, and the Ohio River to southwestern Ohio. The Regulatory Division evaluates permit applications for essentially all work that occurs in “waters of the United States (U.S.)” that are regulated by the Corps pursuant to Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Some examples of areas that may be within the jurisdiction of the Corps include marshes, swamps, streams, creeks, rivers, ponds, lakes, seasonally saturated forested and non-forested wetlands.
All regulated activities occurring within jurisdictional areas require a permit from the Corps. Some example activities occurring within jurisdictional areas that require a permit include dredging of waterways, bank stabilization, recreational ponds and lakes, as well as the construction of piers, docks, marinas, fleeting areas, boat ramps, roads, residential and commercial developments, utility lines, and mining activities.
In order to determine whether your proposed activity requires a permit, or whether any “waters of the U.S.” are located on your property or within your project area, please explore our website or contact us for further guidance. Please note that the Louisville District Corps of Engineers will make the final determination of whether an area is a jurisdictional “water of the U.S.” and whether the activity requires a permit.
We are dedicated to providing strong protection of the Nation’s aquatic environment, including wetlands, to enhancing the efficiency of the Corps administration of its regulatory program, and to ensuring that the Corps provides the regulated public with fair and reasonable decisions.
To the left of this webpage are links to what the Regulatory Division does, regulations, technical resources, and other information to help with your permitting needs. To accurately read and use the PDF files found throughout this site, we recommend that you download a copy of Adobe Acrobat Reader 8.0 or higher.
Additionally, by clicking on the "Contact us" link to the left of this webpage, you will find the Louisville District boundary map and the telephone numbers associated with each branch of the Regulatory Division. Please utilize the map to assist you in establishing the appropriate section of the Regulatory Division to contact.
NEWS & UPDATES
12 September 2019 - Special Public Notice - Clean Water Act Final Rule Repealing the 2015 Clean Water Rule and Re-Codifying the Previous Definition of the "Waters of the United States
23 August 2019 - This notice announces that on August 23, 2019, the Louisville, Nashville, Memphis and Huntington Districts of the U.S. Army Corps of Engineers (Districts), in accordance with 33 C.F.R 332, “Compensatory Mitigation for Losses of Aquatic Resources” (Mitigation Rule), issued resource-based, predefined service areas for third party mitigation within Kentucky.
To view the public notice associated with this announcement, click the following link: LRL-2018-01040 Public Notice
To download Google Earth files (.kmz) for Kentucky Predefined Service Areas click here.
To download ESRI ArcMap files (.shp) for Kentucky Predefined Service Areas click here.
10 June 2019 - The U.S. Army Corps of Engineers, as part of an interagency effort with the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, and the U.S. Department of Agriculture - Natural Resources Conservation Service, announces the draft biennial update to the National Wetland Plant List (NWPL) for 2018 in the Federal Register. The Corps encourages public input in the form of data, comments, literature references, or field experiences, to help clarify the status of the species reviewed for this update, as well as public input on the NWPL process. The public will have the opportunity to comment on the proposed update or addition of wetland indicator status ratings for 20 plant species in select Corps wetland regions. These 20 reviewed species and their draft 2018 wetland ratings by region, as well as the FR notice, can be viewed at the NWPL homepage, https://wetland-plants.usace.army.mil/ under “2018 NWPL Update Information.” A link to provide general or species-specific comments is also available at this location. Users are encouraged to submit literature citations, herbaria records, experiential references, monitoring data, and other relevant information. Specific knowledge of, or studies related to, individual species are particularly helpful. Commenters should use their regional botanical and ecological expertise, field observations, reviews of the most recent indicator status information, appropriate botanical literature, floras, herbarium specimens with notation of habitat and associated species, habit data, relevant studies, and historic list information. Guessing ratings is inappropriate. All submitted comments and information will be compiled and sent to the National Panel for their consideration.
The Corps is also seeking comments on the NWPL update process. Detailed information on the update process, protocol, and technical issues can be found in the following documents (available on the NWPL Publications web page referenced above):
1) Lichvar, Robert W. and Minkin, Paul. Concepts and Procedures for Updating the National Wetland Plant List. Sept 2008. ERDC/CRREL TN-08-3
2) Lichvar, Robert W. and Gillrich, Jennifer J. Final Protocol for Assigning Wetland Indicator Status Ratings during National Wetland Plant List Update. Sept 2011. ERDC/CRREL TN-11-1
14 February 2019 - EPA and Army publish proposed revised "waters of the United States" definition. The U.S. Environmental Protection Agency (EPA) and the Department of the Army announced today the publishing in the Federal Register of the proposed new definition of "waters of the United States" that clarifies federal authority under the Clean Water Act. The notice is available at https://www.federalregister.gov/documents/2019/02/14/2019-00791/revised-definition-of-waters-of-the-united-states. The agencies' proposal is the second step in a two-step process to review and revise the definition of "waters of the United States" consistent with the February 2017 Presidential Executive Order entitled "Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the 'Waters of the United States' Rule." The publishing of the proposal and outreach efforts were delayed due to the lapse in appropriations for EPA. Today's notice begins a 60-day public comment period that will close on April 15, 2019. EPA and the Army will hold an informational webcast on February 14, 2019, and will host a listening session on the proposed rule in Kansas City, KS, on February 27-28, 2019. Information, including supporting analyses and fact sheets, are available at: https://www.epa.gov/wotus-rule/step-two-revise and https://www.epa.gov/wotus-rule.
7 January 2019 – The U.S. Environmental Protection Agency (EPA) and Army Postpone Public Hearing on Proposed New "Waters of the United States (U.S.)" Definition. Due to the lapse in appropriations for the EPA, EPA and the Department of the Army (Army) have postponed the planned 23 January 2019 public hearing on the proposed new "Waters of the U.S." definition until after appropriations have passed to fund the EPA. Publication of the proposed rule in the Federal Register is also postponed. Information on the status of the public hearing will be posted on the EPA website at:
11 December 2018 - EPA and Army Propose New "Waters of the United States" Definition The U.S. Environmental Protection Agency and the Department of the Army have proposed a new definition of "waters of the United States" that clarifies federal authority under the Clean Water Act. The agencies' proposal is the second step in a two-step process to review and revise the definition of "waters of the United States" consistent with the February 2017 Presidential Executive Order entitled "Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the 'Waters of the United States' Rule." The agencies will take comment on the proposal for 60 days after publication in the Federal Register. EPA and the Army will also hold an informational webcast on January 10, 2019, and will host a listening session on the proposed rule in Kansas City, KS, on January 23, 2019. More information including a pre-publication version of the Federal Register notice, the supporting analyses and fact sheets are available at: https://www.epa.gov/wotus-rule/step-two-revise and https://www.epa.gov/wotus-rule.