US Army Corps of Engineers
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Regulatory

Wetland in Henderson County, Kentucky. Photo by Tre Barron

Welcome to the U.S. Army Corps of Engineers, Louisville District, Regulatory Division Home Page.

How do I find another District Regulatory Office?

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.

Electronic Application Submittals

News & Updates

24 March 2021
24 March 2021 - The U.S. Army Corps of Engineers (USACE), 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 draft changes to the 2020 NWPL and its web address to solicit public comments.  The public now has the opportunity to comment on the proposed changes to wetland indicator status ratings for five plant species in select regions and the addition of 22 new plant species to the NWPL.  The Federal Register Notice (FRN) for the 2020 NWPL update can be found here: https://www.govinfo.gov/content/pkg/FR-2021-03-24/pdf/2021-05989.pdf.   The public comment period ends on 24 May 2021.

The 27 species and their draft 2020 wetland ratings by region, as well as the FRN, can be viewed at the NWPL homepage, http://wetland-plants.usace.army.mil/, under “2020 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.  Providing ratings without supporting documentation or information is not recommended.  All submitted comments and information will be compiled and sent to the National Panel for their consideration.

USACE is also seeking comments regarding the administrative change to the South Pacific Islands subregion and 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

USACE administers the NWPL for the United States and its territories.  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.  Additions or deletions to the NWPL represent new records, range extensions, nomenclatural and taxonomic changes, and newly proposed species.  The latest review process began in 2020 and included review by Regional Panels and the National Panel. 

NWPL 2020 Update Initial FRN

04 March 2021
On January 13, 2021, the U.S. Army Corps of Engineers (Corps) published a final rule in the Federal Register (86 FR 2744) announcing the reissuance of 12 existing nationwide permits (NWPs) and four new NWPs, as well as the reissuance of NWP general conditions and definitions with some modifications. The January 13, 2021, Federal Register notice is available for viewing at https://www.federalregister.gov/documents/2021/01/13/2021-00102/reissuance-and-modification-of-nationwide-permits.


For the Louisville District final public notice announcing the Kentucky Regional Conditions and the 401 WQCs, please click the following link: LRL-2020-00006 Kentucky NWPs Final Public Notice

For the Louisville District final public notice announcing the Indiana Regional Conditions and the 401 WQCs, please click the following link: LRL-2020-00006 Indiana NWPs Final Public Notice

For the Louisville District final public notice announcing the Illinois Regional Conditions and the 401 WQCs, please click the following link: LRL-2020-00006 Illinois NWPs Final Public Notice

For the Louisville District final public notice announcing the Ohio Regional Conditions, please click the following link: LRL-2020-00006 Ohio NWPs Final Public Notice

For additional NWP information, including general conditions and state Water Quality Certifications, please visit the Nationwide Permits page. 


11 September 2020
Effective September 11, 2020, the “Clean Water Act (CWA) Section 401 Certification Rule” (85 Fed. Reg. 42,210 (July 13, 2020)) is being implemented nationwide​. 

Please click the following link for additional information and guidance:
LRL Public Notice 401 Water Quality Certification Rule


24 August 2020
The Louisville District Regulatory Division (RD) is permanently transitioning to an electronic
business process.

Please click the following link for additional information and guidance:
Public Notice: Electronic Business Process


02 July 2020
Navigable Waters Protection Rule (NWPR) Approved Jurisdictional Determination (AJD) Form

The Navigable Waters Protection Rule Approved Jurisdictional Determination (AJD) Form and AJD Form User Manual have been finalized and are being provided to increase transparency and public awareness.  However, please note that the AJD Form and AJD Form User Manual are intended for internal use only by the U.S. Army Corps of Engineers.

Approved JD Form

Approved JD Form User Manual 


22 May 2020
National Wetland Plant List (NWPL​)

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.

24 April 2020
RIBITS

The Regulatory In-Lieu Fee and Bank Information Tracking System has moved to a new website URL. To access RIBITS, please use the following link:
https://ribits.ops.usace.army.mil/ords/f?p=107:2 

21 April 2020
EPA and Army Publish the Navigable Waters Protection Rule

The Environmental Protection Agency (EPA) and the Department of the Army’s Navigable Waters Protection Rule: Definition of “Waters of the United States” was published in the Federal Register. This final rule establishes the scope of federal regulatory authority under the Clean Water Act. The Navigable Waters Protection Rule includes four simple categories of jurisdictional waters and provides specific exclusions for many water features that traditionally have not been regulated. The final rule will become effective on June 22, 2020. The published version is 93 pages, and the citation is: 85 FR 22250.  The Federal Register notice is available at https://www.federalregister.gov/documents/2020/04/21/2020-02500/the-navigable-waters-protection-rule-definition-of-waters-of-the-united-states. Additional information about the rule can be found on the EPA website at https://www.epa.gov/nwpr.

13 March 2020
CORONAVIRUS INFORMATION:
LRL Public Notice Coronavirus Regulatory Office Closure to the Public 

LRL Public Notice Coronavirus Electronic Business Process

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