8 September 2023-Supreme Court Ruling in Sackett v. EPA-update

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 15 November 2023--2023 Rule “Revised Definition of ‘Waters of the United States’” Training Presentations.  Public Webinar Video Recording and Presentation.

8 September 2023 - EPA and the Army Issue Final Rule to Amend 2023 Rule


29 August 2023 - To Conform with Recent Supreme Court Decision, EPA and Army Amend "Waters of the United States" Rule

Today, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (the agencies) announced a final rule amending the 2023 definition of “waters of the United States” to conform with the recent Supreme Court decision in Sackett v. EPA. The agencies are committed to following the law and implementing the Clean Water Act to deliver the essential protections that safeguard the nation’s waters from pollution and degradation. This action provides the clarity that is needed to advance these goals, while moving forward with infrastructure projects, economic opportunities, and agricultural activities.

More information about the final rule is available here -  NOTE: Make “here” a weblink and link to https://www.epa.gov/newsreleases/conform-recent-supreme-court-decision-epa-and-army-amend-waters-united-states-rule .

The agencies will host a public webinar on September 12, 2023 to provide updates on the definition of “waters of the United States.” For registration information, please visit EPA’s webpage for the amendments rule. The agencies also plan to host listening sessions this fall with co-regulators and stakeholders, focusing on identifying issues that may arise outside this limited rule to conform the definition of “waters of the United States” with the Sackett v. EPA decision.

Learn more about this action on EPA’s “waters of the United States” website.

 27 June 2023-Supreme Court Ruling in Sackett v. EPA--Update

The Environmental Protection Agency and the U.S. Department of the Army (agencies) are in receipt of the U.S. Supreme Court's May 25, 2023, decision in the case of Sackett v. Environmental Protection Agency. In light of this decision, the agencies are interpreting the phrase “waters of the United States” consistent with the Supreme Court’s decision in Sackett. The agencies are developing a rule to amend the final "Revised Definition of 'Waters of the United States'" rule, published in the Federal Register on January 18, 2023, consistent with the U.S. Supreme Court’s May 25, 2023 decision in the case of Sackett v. Environmental Protection Agency.  The agencies intend to issue a final rule by September 1, 2023.

Corps HQ Regulatory Link

 26 May 2023-Supreme Court Ruling in Sackett v. Environmental Protection Agency

Regulatory Permit Program


Corps of Engineers Regulatory Program Public Service Commitment.

The Wilmington District is committed to providing the highest level of support to the public.

To help us ensure we continue to do so, please complete our Customer Satisfaction Survey.


 Water is Gooood!!!!

Information Requests

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You may be able to obtain this under the Freedom of Information Act (FOIA):

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Electronic Submittals

Regulatory Announcement

31 January 2024 – USACE launches new Regulatory Request System
HQ USACE Regulatory

Published January 31, 2024

USACE announces the launch of its new Regulatory Request System (RRS). RRS is designed to make the review of permit requests a transparent and efficient process for the public. RRS, currently in a beta version, provides general information on the Regulatory Program and allows the public to submit pre-application meeting requests and jurisdictional determination requests.

Additional capability is scheduled in Spring 2024. This added capability will allow users the ability to electronically submit individual and general permit applications and other necessary information, saving time and reducing the need for paper-based submissions.

RRS will streamline the permit application process and underscores USACE commitment to modernizing our application process, meeting user expectations, and providing a transparent, straightforward process for the timely review of permit requests.

Stay tuned for further updates on the full release of the RRS. Please click on the following link to access RRS:

For additional information on or to provide feedback on RRS, please contact the rrs@usace.army.mil.


The Regulatory Division is continually improving efficiencies within the Regulatory Program. We are now offering paperless/electronic files as a primary means of accepting project submittals and issuing final agency action. This includes accepting applications for Standard Permits, Letters of Permission, Pre-Construction Notifications (PCN) for Nationwide or Regional General Permits, Jurisdictional Determination requests, No Permit Required requests, Mitigation Bank proposals, and Pre-application meeting requests. While electronic submittals are preferred, we will continue to accept paper documents that meet our file requirements in order to accommodate those with limited computer access. Depending on the project location, applications and other requests listed above should be submitted to the appropriate email address below:

Projects covered by the Wilmington Regulatory Field Office must be submitted to email address: WilmingtonNCREG@usace.army.mil  

Projects covered by the Washington Regulatory Field Office must be submitted to email address: WashingtonNCREG@usace.army.mil  

Projects covered by the Raleigh Regulatory Field Office must be submitted to email address: RaleighNCREG@usace.army.mil  

Projects covered by the Charlotte Regulatory Field Office must be submitted to email address: CharlotteNCREG1@usace.army.mil

Projects covered by the Asheville Regulatory Field Office must be submitted to email address: AshevilleNCREG@usace.army.mil  

Projects submitted by or on behalf of the North Carolina Department of Transportation (NCDOT) must be submitted to email address: NCDOT_REG@usace.army.mil 

PCN Applications submitted by or on behalf of the North Carolina Division of Mitigation Services (NCDMS), in which NCDMS is the applicant or co-applicant must be submitted to the following email address: SAWMIT@usace.army.mil.  Please submit Jurisdictional Determination requests for NCDMS projects to the appropriate regional Field Office.

Click here for a map showing each field office's area of responsibility.


1. These mailboxes are not for general inquiries, only new project request submittals. Individual Project Managers will no longer be accepting new project request submittals to their respective USACE email accounts.

2. Any follow-up information must be submitted directly to the individual Project Manager responsible for the action and must contain the file number (e.g. SAW-20##-#####) assigned to the project.

3. Do not submit duplicate requests (e.g. email submission and hard copy submission via the postal service) as this scenario will delay processing of your request.

4. If your project requires a 401 Water Quality Certification (WQC) from the North Carolina Department of Environmental Quality (NCDEQ), then you will need to submit your 401 WQC request to NCDEQ separately OR use the ePCN website discussed in the next item.

5. You may also continue to submit Pre-Construction Notifications via the NCDEQ ePCN website: https://edocs.deq.nc.gov/Forms/Pre-Construction_Notification_Form. The Corps receives the ePCN submissions electronically from the NCDEQ portal. Choose either the ePCN website OR an email address above when submitting your PCN. Submitting the same PCN to the Corps on both sites will delay processing of your request.


In order for the Corps to process your electronic submittals the following criteria must be met:

1. Structure the email subject line as follows: County, Type of Request, Project Name. For example – Jones, PJD, John Doe Driveway.

2. Submitted as a single PDF file. Multiple requests (i.e.: Jurisdictional Determination and Nationwide Permit) for the same project can be combined in one file.

3. Pages sized no larger than 11" x 17" with all text readable. Pages may be any combination of landscape and portrait.

4. Email addresses for all parties, consultant, applicant, property owner(s), etc.

5. The PDF file cannot be locked or secured and cannot contain active form fields (e.g. macros) or signatures. If a submittal contains active fields or signatures, please use the function "print to PDF". This step will flatten the document and remove active fields and signatures.

6. The PDF must be text searchable.

7. Please try to keep file sizes to a minimum. The mailboxes can only accept files up to approximately 13MB. Larger files can be submitted using either method below:

a. DoD SAFE: https://safe.apps.mil - Please contact the appropriate Field Office below to initiate a request authorization to drop-off a file(s). Authorization notification and instructions will be provided to you via email from the DoD SAFE site. A drop-off authorization is valid for fourteen (14) days. The maximum file size may not exceed eight (8) GB.

b. CD/DVD via postal or courier service addressed to the appropriate Field Office. Do not submit duplicate requests (e.g. DoD SAFE file drop-off submission and hard copy submission via the postal service) as this scenario will delay processing of your request. The Corps cannot accept submittals on any type of flash storage device (e.g. thumb drive, memory stick, etc.).

Not complying with these requirements may delay processing your request. If you do not receive an email response within seven (7) days of submitting your request electronically, please call the appropriate office to confirm receipt. Generally, requests received on a holiday, Saturday, Sunday, or after 2 p.m. on a regular working business day will be counted as received on the next working business day.

Submitting parties are welcome to request a delivery and/or read receipt notification with each email submission.


The U.S. Army Corps of Engineers, Wilmington District currently accepts and expends North Carolina Department of Transportation (NCDOT) funds for expediting Department of the Army DA) permit review on transportation projects. This is done in accordance with Section 214 of the Water Resources Development Act of 2000, as amended by the Federal Water Resources Reform and Development Act of 2014. The formal agreement between the Wilmington District and NCDOT can be viewed at the following link: (select North Carolina under the state pick list on the Active Agreements list on the page.) 

In addition, you may view all DA permit decisions completed since the implementation of this agreement at the following link:    

2022 National Wetland Plant List and Automated Wetland Data Sheets (ADS) 

The NWPL provides plant species wetland indicator status ratings, which are used in determining whether the hydrophytic vegetation factor is met when conducting wetland delineations under the Clean Water Act. The list is effective as of 13 February 2024 and will be used in any wetland delineations/determinations performed after this date.  Delineations completed prior to this date may still use the 2020 NWPL. Completed wetland delineation/determination forms should reference the version of the NWPL used to complete the form.

More info regarding changes to the 2022 Final NWPL can be found at the NWPL website- https://wetland-plants.sec.usace.army.mil/ (preferred browsers are Chrome and Firefox). Please note that while the web address for the NWPL website has not changed with this update, the website itself has undergone updates and enhancements, and will continue to be enhanced over the next few months.

Automated Wetland Data Sheets (ADS) have recently been updated to incorporate the 2022 National Wetland Plant list.

The current versions of the ADS (with the 2022 NWPL incorporated) are available at: