US Army Corps of Engineers
Galveston District

Regulatory Division Hot Topics

To improve the customer service experience, the Regulatory Division has now established a Regulatory Hotline at 409-766-3869

Important Information on the Department of the Army Permitting Process and use of Nationwide Permits in the San Jacinto Waste Pits

Updated Jurisidictional Delineation GPS Procedures

30 January 2020 - Galveston District Regulatory Program Workshop

Special Public Notice - Regulatory Workshop. The U.S. Army Corps of Engineers Galveston District will host a workshop on the Regulatory Program for all interested parties on January 30, 2020 from 8:30 – 17:00 at USACE Galveston District Headquarters, 2000 Fort Point Road in Galveston, Texas 77550. The focus topics of the workshop shall include endangered species and historic properties consultation, with additional presentations from a few of our State and Federal partners.

Further details regarding the specific agenda and instructions on how to RSVP will be posted at a later date.

30 May 2019 - Galveston District Regulatory Program Workshop Presentations

Special Public Notice - Flood Recovery and Repair Activities in the Galveston District, U.S. Army Corps of Engineers

Special Public Notice - Clean Water Act Proposed Rule for a Revised Definition of the "Waters of the U.S."

Special Public Notice - Reissue of RGP for Harris County Flood Control District authorizing discharge of dredge or fill material

Special Public Notice - Funding Agreement Between U.S. Army Corps of Engineers, Galveston District and Port of Corpus Christi Authority

12 September 2019 - Special Public Notice - Clean Water Act final rule repealing the 2015 Clean Water Rule

On September 12, 2019, the Environmental Protection Agency and Department of the Army (the agencies) signed a final rule to repeal the 2015 Clean Water Rule (2015 Rule) and re-codify the regulatory text defining "waters of the United States" (WOTUS) that existed prior to the 2015 Rule. This action will, when effective, provide regulatory certainty as to the definition of “waters of the United States” in light of ongoing litigation over the 2015 Rule. This final rule will be implemented in accordance with Supreme Court decisions, agency guidance, and longstanding practice.This final rule follows the February 28, 2017, Presidential Executive Order on "Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the 'Waters of the United States' Rule." The February Order states that it is in the national interest to ensure that the Nation's navigable waters are kept free from pollution, while at the same time promoting economic growth, minimizing regulatory uncertainty, and showing due regard for the roles of Congress and the States under the Constitution. To meet these objectives, the agencies have followed a two-step rulemaking process.  Today’s final rule is the first step of that process (Step 1 Final Rule).  It was first proposed on July 27, 2017, with a supplemental proposal on June 29, 2018, and received 770,000 public comments.  The Step 1 Final Rule provides regulatory certainty by removing the patchwork of regulations that existed across the country as a result of various judicial decision enjoining the 2015 Rule, and it reestablishes national consistency across the country by returning all jurisdictions to the longstanding regulatory framework that existed prior to the 2015 Rule, which is more familiar to the agencies, States, Tribes, local governments, regulated entities, and the public.

The Step 1 Final Rule provides the aforementioned regulatory certainty while the agencies engage in the second step of rulemaking to revise the definition of WOTUS.  The second step, or the Step 2 Proposed Rule, was published in the Federal Register on February 14, 2019, and the public comment period closed on April 15, 2019.  The agencies are currently reviewing over 600,000 public comments before taking final action.

More information regarding the WOTUS rulemaking can be found at EPA’s website:  https://www.epa.gov/wotus-rule. If you have specific questions regarding this Step 1 Final Rule, please contact a local Corps District office or EPA Regional office.  Office information can be found at http://regulatory-ops.s3-website-us-east-1.amazonaws.com/.

10 June 2019  - Proposed revisions to National Wetland Plant List

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, http://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

7 January 2019 - EPA and Army Postpone Public Hearing on Proposed New "Waters of the United States" Definition 

Due to the lapse in appropriations for the U.S. Environmental Protection Agency (EPA), EPA and the Department of the Army (Army) have postponed the planned January 23 public hearing on the proposed new "Waters of the United States" 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 https://www.epa.gov/wotus-rule/epa-and-army-postpone-public-hearing-proposed-new-waters-united-states-definition.

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.

Tools

  
Galveston District Regulatory
Mailing Address:
USACE Galveston District
P.O. Box 1229
Galveston, TX 77553-1229

Email: ceswg-pe-r@usace.army.mil
Phone: 409-766-3869 (Galveston Office)
            361-814-5850 (Corpus Christi Office)

Permit Information

Permit Application Materials

Materials necessary for a Department of the Army Permit application.

 Regional General Permits

A list of the current General Permits (GP).  If your project qualifies for one of these GPs, you can reduce the overall time needed to evaluate your permit application.

Nationwide General Permits

Nationwide Permits (NWPs) are a type of general permit issued by the Chief of Engineers and are designed to regulate with little, if any, delay or paperwork certain activities having minimal impacts.
 Letters of Permission A Letter of Permission is a type of permit issued through an abbreviated processing procedure which includes coordination with Federal and state fish and wildlife agencies, as required by the Fish and Wildlife Coordination Act, and a public interest evaluation,

Archives

Nationwide Permit Archives (HQ Webpage)

Permits

Bragg's Cut


MATAGORDA, Texas (April 2012) –
Bragg’s Cut completed. Named after Mike Bragg, a retired U.S. Army Corps of Engineers Galveston District employee, the cut will create a safe passage for small boats to travel while also alleviating traffic congestion for commercial tows along the Colorado Locks. This waterway improvement was permitted by the U.S. Army Corps of Engineers Galveston District.

The Department of the Army Regulatory Program is one of the oldest in the federal government. Initially it served a fairly simple, straightforward purpose: to protect and maintain the navigable capacity of the nation's waters. Time, changing public needs, evolving policy, case law, and new statutory mandates have changed the complexion of the program, adding to its breadth, complexity, and authority.

The Regulatory Program is committed to protecting the nation's aquatic resources, while allowing reasonable development through fair, flexible and balanced permit decisions. The Corps evaluates permit applications for essentially all construction activities that occur in the nation's waters, including wetlands.

Permit Preapplication Screening

The Galveston District has established new electronic procedures which will allow potential applicants to contact a member of the regulatory staff to request electronic preapplication consultation. After your request is submitted electronically, a member of our staff will conduct a brief but thorough review of your proposed project and provide helpful information necessary to pursue your application. We will provide you a summary of information which the Corps must consider in its permit decision making process, review your information for completeness, and we may schedule you for a Joint Evaluation Meeting to present your project to other state and federal agencies.

You may also submit electronic copies of your application through the electronic preapplication process to determine if your application is complete. A member of our staff will review your permit application for completeness and notify you if additional information is required prior to applying. Please be advised, the processing clock for Nationwide Permit Preconstruction Notification will not be initiated and the Galveston District will only initiate permit processing when a hard copy is recieved by our office.

Pre-application jurisdictional verifications will not be accepted electronically. To request pre-application jurisdictional delineation verification, contact our Regulatory Hotline at 409-766-3869 to schedule an appointment.

The electronic application and attached documents must not exceed 5 megabytes (5MB). However, electronic documents must have sufficient resolution to show project details.

To submit your request, please email preapplication_swg@usace.army.mil