Reference Documents

Example Deed Restriction for compensatory mitigation

Example Conservation Easement for compensatory mitigation

Galveston District Pipeline Abandonment Policy documents

Galveston District Jurisdictional Limitations

Galveston District Jurisdictional Determination Request Form (RGL 16-01)

June 2014 - Jacksonville District Guidance on Preparing an Alternative Analysis

 

Reference Presentations

30 January 2020      Galveston District Regulatory Division Outreach Presentations

22 October 2019      Society of American Engineers (SAME) Outreach Presentation

30 May 2019     Galveston District Regulatory Program Workshop Section 408 Presentation

30 May 2019     Galveston District Regulatory Program Workshop Presentations

13 July 2016     Joint Evaluation Meeting (JEM) - 2017 Nationwide Permits Regional General Conditions

Oct 2015     Galveston District Regulatory Division - Policy on Pipeline Abandonment

8 May 2014     Stream Assessment: A Quantitative versus Qualitative Approach

May 2014     Society of American Engineers (SAME) Regulatory Conference - Regulatory Authorities

25 June 2014     ACEC-HGAC Project Development Workshop - Corps Regulatory Program

17 Sept 2014     TxDOT Environmental Conference - Corps Regulatory Program

2012     Dredge Your Docks

Historical Regulatory Hot Topics

8 April 2021 - SWG-2012-00381 - Public Notice 

The U.S. Army Corps of Engineers (Corps) Galveston District has extended the comment period for the public notice until April 20, 2021 for the permit application SWG-2012-00381-Space Exploration Technologies, Inc. (Space X) in Cameron County, Texas.  Please submit your comments to swg_public_notice@usace.army.mil.
 
24 March 2021 - Draft Changes to the 2020 National Wetland Plant List (NWPL)  and solicitation of public comments

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.  
 
8 March 2021 - 2021-A Texas Regional Conditions, Texas Clean Water Act (CWA) Section 401 Water Quality Certifications, and Texas Coastal Zone Management Act Consistency-Public Notice

The U.S. Army Corps of Engineers (Corps) Southwestern Galveston District, on 8 March 2021, published a public notice to announce and convey the 2021-A Texas Regional Conditions, Texas CWA Section 401 Water Quality Certifications, and the Texas Coastal Zone Management Act consistencies.  These documents and certifications will go into effect for the subject 16 nationwide permits (NWPs) on 15 March 2021 and are enclosed with the public notice.  The Corps is not seeking comments at this time.  The public notice is available here.

13 January 2021 - 2021 NWP Reissuance - Public Notice 

The U.S. Army Corps of Engineers (Corps), on January 13, 2021, 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. These 16 NWPs will go into effect on March 15, 2021, and will expire on March 14, 2026. The public notice is available here.

30 September 2020 - 2020 NWP Renewal - Texas RGC - Public Notice

The Galveston District, as the lead Corps district for the State of Texas, is seeking comments on the proposed Texas Regional Conditions associated with the renewal of the nationwide permit program.  2020 NWP Renewal - Texas RGC - Public Notice

15 September 2020 - Army Corps of Engineers announces proposal to renew and revise nationwide permits

The U.S. Army Corps of Engineers announced today that it has prepared its proposal to renew and revise 52 nationwide permits for work in wetlands and other waters that are regulated by Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. The proposal was published in the Federal Register today. The public comment period ends on November 16, 2020. The proposed rule is available through the Federal Register web site at: https://www.federalregister.gov/documents/2020/09/15/2020-17116/proposal-to-reissue-and-modify-nationwide-permits.  The news release is available here.

22 Jun 2020 - Navigable Waters Protection Rule becomes effective

The Environmental Protection Agency and the Department of the Army’s Navigable Waters Protection Rule (NWPR):  Definition of “Waters of the United States” became effective on June 22, 2020 in 49 states and all US territories. A preliminary injunction has been granted for the state of Colorado.  Federal jurisdiction in Colorado will be determined using the 2019 Rule (the recodification of the 1986 Regulations) and associated 2003/2008 (SWANCC/Rapanos) guidance documents.  The NWPR establishes the scope of federal regulatory authority under the Clean Water Act.  The NWPR includes four simple categories of jurisdictional waters and provides specific exclusions for many water features that traditionally have not been regulated.  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’s website at https://www.epa.gov/nwpr.

18 May 2020 - Final 2018 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.

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.

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 the 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
 

14 February 2019 - Special Public Notice - Clean Water Act Proposed Rule for a Revised Definition of the "Waters of the U.S."

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.