To more effectively and efficiently deliver the agency’s most fundamental mission of regulating activities in the nation’s waters and wetlands and provide the public with more efficient, timely service when reviewing Department of the Army (DA) permit applications for projects that propose impacts to waters of the United States, beginning April 22, 2022 the Charleston District Regulatory Division is refining its process to emphasize review of DA permit applications and requests associated with pending DA permit applications. This refinement effort will also allow the Regulatory Division to more effectively support an anticipated increase in program volume from the Infrastructure Investment and Jobs Act and other national authorizations.

Standalone jurisdictional determinations (JDs) and delineation concurrences (DCs) will still be accepted by the Regulatory Division, but the review and processing of such standalone requests will be based on available resources, resulting in extended timelines for these requests to be fully processed. Over the next several months, Regulatory Division staff will make a concerted effort to review and complete all standalone JD and DC requests submitted prior to April 22, 2022, provided that the requests have sufficient documentation. Effective immediately, in-house wetland delineations conducted by the Regulatory Division (rather than the Regulatory Division’s review of a submittal based on a consultant’s prior delineation) will generally only be performed for small tracts (i.e., one acre or less) on a case-by-case basis.

For more on the nationally-directed emphasis on permit requests, please review the Public Notice.
 

This change is being implemented to more effectively and efficiently deliver the agency’s most fundamental mission of regulating activities in the nation’s waters and wetlands and provide the public with more efficient, timely service when reviewing Department of the Army (DA) permit applications for projects that propose impacts to waters of the United States.  

Beginning April 22, 2022 the Charleston District Regulatory Division is refining its process to emphasize review of DA permit applications and requests associated with pending DA permit applications. This refinement effort will also allow the Regulatory Division to more effectively support an anticipated increase in program volume from the Infrastructure Investment and Jobs Act and other national authorizations.

The Regulatory Division reviews DA permit applications, permit modifications, and other requests not associated with a DA permit request (“standalone requests”). There are three main types of DA permits:

• Nationwide Permit: Proposed projects that result in no more than minimal impacts to waters of the US may qualify for a Nationwide Permit (NWP). NWPs cover specific activities, such as installing culverts for a small road crossing or using rip rap to stabilize a stream bank to prevent erosion. There are 57 Nationwide Permits issued to the public for various activities. If the proposed work qualifies for a NWP and requires a pre-construction notification, the Corps can verify the use of the NWP.  For more information on the 2021 NWPs, please visit our Permitting Process page.
   
• Regional General Permit: Regional General Permits (RGPs) are District-specific general permits issued for certain types of activities and/or work that result in no more than minimal impacts to waters of the US.  For example, a Regional General Permit for Residential Docks (RGP-09), which requires a notification to the Corps for all proposed structures in navigable waters throughout South Carolina, has been issued to citizens and is available for use when the proposed dock meets the terms and conditions of the RGP. If your proposed work or structure is potentially eligible for authorization under a RGP, a pre-construction notification should be submitted to the Regulatory Division to determine if the proposed work or structure qualifies for authorization under the RGP. For more on RGPs, please visit our Permitting Process page.
   
• Individual Permits (Standard Permits and Letters of Permission): Individual Permits are required for projects that do not qualify for Nationwide or General Permits due to the nature or extent of the proposed activities and/or the location of impacts. The Corps must evaluate and weigh the project’s benefits with its environmental effects. A Standard Permit is a type of Individual Permit that is processed through public interest review procedures, including public notice and receipt of comments.  Once an application for a Standard Permit is received, the proposed work must first be advertised in a Public Notice, giving the public and agencies an opportunity to comment. A Letters of Permission (LOP) is a type of Individual Permit that receives abbreviated processing procedures.  LOPs do not require a public notice procedures, but they do require a public interest evaluation, and often involve coordination with adjacent property owners and resource agencies, as appropriate. 

Other Regulatory-related requests include:

• Delineation Concurrence (DC): A DC provides concurrence that the delineated boundaries of wetlands on a property are a reasonable representation of the aquatic resources on-site. A DC does not address the jurisdictional status of the aquatic resources. (NOTE:  A DC is generally the quickest type of standalone request for the Corps to review and process.)
   
• Preliminary Jurisdictional Determination (PJD): A PJD is defined in Corps regulations at 33 CFR 331.2. As explained in further detail in RGL No. 16-01, a PJD is used to indicate that this office has identified the approximate location(s) and boundaries of wetlands and/or other aquatic resources on a site that are presumed to be subject to regulatory jurisdiction of the Corps of Engineers. Unlike an AJD, a PJD does not represent a definitive, official determination that there are, or that there are not, jurisdictional aquatic resources on a site, and does not have an expiration date. 
   
• Approved Jurisdictional Determination (AJD): An AJD is defined in Corps regulations at 33 CFR 331.2. As explained in further detail in RGL No. 16-01, an AJD is used to indicate that this office has identified the presence or absence of wetlands and/or other aquatic resources on a site, including their accurate location(s) and boundaries, as well as their jurisdictional status. AJDs are valid for 5 years. 
   
• Wetland Delineations Performed by the Corps: These requests have historically been conducted as a courtesy for private property owners for small tracts of land. Due to current workload and priorities, the Regulatory Division will only provide this service on a limited basis for private individuals on small tracts of land (typically 1 acre or less).  
   

To serve the regulated community in a more effective and efficient manner possible, this process refinement will allow the Regulatory Division to direct greater resource emphasis toward its fundamental mission of regulating activities in the nation’s waters and wetlands and provide the public with more efficient, timely service when reviewing DA permit applications for projects that propose impacts to waters of the United States. Effective immediately, the Charleston District Regulatory Division will prioritize incoming requests in the following order:  

1. Review and processing of new Department of the Army (DA) permit applications (Standard Permits/Nationwide Permits/Regional General Permits).
2. Modifications of existing DA Permits / DA Permit Transfers.
3.  Jurisdictional Determination (JD) Requests and/or Delineation Concurrences (DCs) Not Associated with a DA permit application (Standalone JDs/DCs) submitted with sufficient supporting information. 

These requests must include all required documentation and sufficient supporting information. Supporting information is identified in the Jurisdictional Determination (JD) / Delineation Request and Checklist. 
 

Timeframes for processing DA permit applications are contingent upon the receipt of a complete application, as well as any supporting information that may be required to make a final decision on the DA permit application.  In general, the Charleston District strives to review and process DA permit applications according to the following timelines:    

• Standard Permits (120-365 days)
• Nationwide Permits (45-60 days)
• Regional General Permits (60-90 days)

Deficiencies or delays by an applicant in providing sufficient supporting information will impact the Regulatory Division’s ability to process DA permit applications as efficiently as possible.  Project complexity, coordination/consultation requirements, and the applicant’s ability to obtain requisite State authorizations also directly affect the Regulatory Division’s timeframes for processing DA permit applications. 

Due to the volume of DA permit applications, this office is unable to provide approximate processing timeframes for Standalone JD/DC requests.  At this time, Standalone JD/DC requests may have extended timelines (e.g., one year or longer) based on the size and complexity of the site, the quality of information submitted, and other Regulatory Division priorities.  After submittal of a standalone request, if additional information is required, you will be contacted by the Project Manager.  

It is recommended that standalone requests be prepared and submitted by an environmental consultant.  Although this is not a requirement, it will certainly help expedite the process.  

Over the next several months, Regulatory Division staff will make a concerted effort to review and complete all standalone JD and DC requests submitted prior to April 22, 2022, provided that the requests have sufficient documentation. Effective immediately, in-house wetland delineations conducted by the Regulatory Division (rather than the Regulatory Division’s review of a submittal based on a consultant’s prior delineation) will generally only be performed for small tracts (i.e., one acre or less) on a case-by-case basis.
 
Updated Information and Guidance for preparing delineations and submittals with sufficient supporting information can be found by clicking on the Jurisdictional Determination (JD) / Delineation Request and Checklist.

Preliminary and approved JDs, delineation concurrences and other documentation verified by the Regulatory Division are not prerequisites for submitting a DA permit application. These approvals and verifications are also not intended to be prerequisites for development approvals by state and local government(s). 

Regulatory Division project managers consult the 1987 Army Corps of Engineers Wetland Delineation Manual and appropriate regional supplement(s) to delineate wetlands and waters for purposes of federal jurisdiction. Private sector environmental consultants who properly rely upon and apply these documents are generally equipped to provide accurate and expeditious delineations to their clients when the Regulatory Division’s review of DA permit application is not immediately required. It is recommended that standalone requests be prepared and submitted by an environmental consultant.  Although this is not a requirement, it will certainly help expedite the process.  

Over the next several months, Regulatory Division staff will make a concerted effort to review and complete all standalone JD and DC requests submitted prior to April 22, 2022, provided that the requests have sufficient documentation. Effective immediately, in-house wetland delineations conducted by the Regulatory Division (rather than the Regulatory Division’s review of a submittal based on a consultant’s prior delineation) will generally only be performed for small tracts (i.e., one acre or less) on a case-by-case basis.
 
Updated Information and Guidance for preparing delineations and submittals with sufficient supporting information can be found by clicking on the Jurisdictional Determination (JD) / Delineation Request and Checklist.

Preliminary and approved JDs, delineation concurrences and other documentation verified by the Regulatory Division are not prerequisites for submitting a DA permit application. These approvals and verifications are also not intended to be prerequisites for development approvals by state and local government(s). 

The Regulatory Division is also aware of increasing mandates by state and local government entities to require Corps-verified delineations and/or JDs for activities and transactions unrelated to DA permit applications. The growing volume of these standalone requests is exacerbating the Regulatory Division’s already heavy workload, ultimately delaying the Regulatory Division’s ability to provide efficient reviews of DA permit applications. To facilitate better public service, encourage smart development and help preserve the nation’s natural resources, and as part of this process refinement, the Regulatory Division will be continuing its work with state and local government entities to further inform them of the Regulatory Division’s position on the unintended consequences of their requirements, which are impacting the Regulatory Division’s ability to review and process DA permit applications and associated JDs as efficiently as possible.

Regulatory Division project managers consult the 1987 Army Corps of Engineers Wetland Delineation Manual and appropriate regional supplement(s) to delineate wetlands and waters for purposes of federal jurisdiction. Private sector environmental consultants who properly rely upon and apply these documents are generally equipped to provide accurate and expeditious delineations to their clients when the Regulatory Division’s review of DA permit application is not immediately required. Over the past five years, and in accordance with Regulatory Guidance Letter No. 16-01, the Regulatory Division has routinely engaged the regulated community in response to standalone requests to discuss what level of verification, if any, is appropriate for the circumstances of a given standalone request.  In many cases, the services of private sector environmental consultants may be sufficient to respond to state or local requirements in the absence of the Regulatory Division’s review of a DA permit application. In furtherance of these efforts, the Regulatory Division strongly encourages members of the public seeking support not associated with a project requiring a DA permit application to leverage the robust community of environmental consultants in South Carolina in response to independent requirements of state and local government(s). 

Regulatory Division project managers consult the 1987 Army Corps of Engineers Wetland Delineation Manual and appropriate regional supplement(s) to delineate wetlands and waters for purposes of federal jurisdiction. Private sector environmental consultants who properly rely upon and apply these documents are generally equipped to provide accurate and expeditious delineations to their clients when the Regulatory Division’s review of DA permit application is not immediately required. Over the past five years, and in accordance with Regulatory Guidance Letter No. 16-01, the Regulatory Division has routinely engaged the regulated community in response to standalone requests to discuss what level of verification, if any, is appropriate for the circumstances of a given standalone request.  In many cases, the services of private sector environmental consultants may be sufficient to respond to state or local requirements in the absence of the Regulatory Division’s review of a DA permit application. In furtherance of these efforts, the Regulatory Division strongly encourages members of the public seeking support not associated with a project requiring a DA permit application to leverage the robust community of environmental consultants in South Carolina in response to independent requirements of state and local government(s).  

It is recommended that standalone requests be prepared and submitted by an environmental consultant.  Although this is not a requirement, it will certainly help expedite the process.  

Over the next several months, Regulatory Division staff will make a concerted effort to review and complete all standalone JD and DC requests submitted prior to April 22, 2022, provided that the requests have sufficient documentation. Effective immediately, in-house wetland delineations conducted by the Regulatory Division (rather than the Regulatory Division’s review of a submittal based on a consultant’s prior delineation) will generally only be performed for small tracts (i.e., one acre or less) on a case-by-case basis.
 
Updated Information and Guidance for preparing delineations and submittals with sufficient supporting information can be found by clicking on the Jurisdictional Determination (JD) / Delineation Request and Checklist.

Over the next several months, Regulatory Division staff will make a concerted effort to review and complete all standalone JD and DC requests submitted prior to April 22, 2022, provided that the requests have sufficient documentation. Going forward, in-house wetland delineations conducted by the Regulatory Division (rather than the Regulatory Division’s review of a submittal based on a consultant’s prior delineation) will generally only be performed for small tracts (i.e., one acre or less) on a case-by-case basis.
 
Updated Information and Guidance for preparing delineations and submittals with sufficient supporting information can be found by clicking on the Jurisdictional Determination (JD) / Delineation Request and Checklist.

These requests have historically been conducted as a courtesy for private property owners for small tracts of land. Due to current workload and priorities, as of April 22, 2022, the Regulatory Division will only provide this service on a limited basis for private individuals on small tracts of land (typically 1 acre or less). 

Regulatory Division project managers consult the 1987 Army Corps of Engineers Wetland Delineation Manual and appropriate regional supplement(s) to delineate wetlands and waters for purposes of federal jurisdiction. Private sector environmental consultants who properly rely upon and apply these documents are generally equipped to provide accurate and expeditious delineations to their clients when the Regulatory Division’s review of DA permit application is not immediately required. Over the past five years, and in accordance with Regulatory Guidance Letter No. 16-01, the Regulatory Division has routinely engaged the regulated community in response to standalone requests to discuss what level of verification, if any, is appropriate for the circumstances of a given standalone request.  In many cases, the services of private sector environmental consultants may be sufficient to respond to state or local requirements in the absence of the Regulatory Division’s review of a DA permit application. In furtherance of these efforts, the Regulatory Division strongly encourages members of the public seeking support not associated with a project requiring a DA permit application to leverage the robust community of environmental consultants in South Carolina in response to independent requirements of state and local government(s).  

Stay tuned! As a courtesy, we will share a list of environmental consultants from across South Carolina in the coming weeks. 

Here are three ways to help expedite the permit review process:

1. Include All Required Documentation: When submitting a DA permit application, a depiction that accurately reflects the geographic limits of aquatic resources should be included. A Depiction of Aquatic Resources should consist of a drawing or map depicting the location and configuration of aquatic resources located on the site.  Each aquatic resource must be identified and quantified (i.e. acreage and/or linear feet).  A depiction of aquatic resources is required for all DA permit applications as well as for “no permit required” requests.  Depictions of aquatic resources should include supporting information/documentation but do NOT have to be pre-approved by the Corps.  Pre-approved Wetland Delineations and/or Jurisdictional Determinations are NOT a pre-requisite for submitting a DA permit application.  
   
   Updated Information and Guidance for preparing delineations and submittals with sufficient supporting information can be found by clicking on the Jurisdictional Determination (JD) / Delineation Request and Checklist. 
    
2. Work with an Environmental Consultant: Regulatory Division project managers consult the 1987 Army Corps of Engineers Wetland Delineation Manual and appropriate regional supplement(s) to delineate wetlands and waters for purposes of federal jurisdiction. Private sector environmental consultants who properly rely upon and apply these documents are generally equipped to provide accurate and expeditious delineations to their clients when the Regulatory Division’s review of DA permit application is not immediately required. Over the past five years, and in accordance with Regulatory Guidance Letter No. 16-01, the Regulatory Division has routinely engaged the regulated community in response to standalone requests to discuss what level of verification, if any, is appropriate for the circumstances of a given standalone request.  In many cases, the services of private sector environmental consultants may be sufficient to respond to state or local requirements in the absence of the Regulatory Division’s review of a DA permit application. In furtherance of these efforts, the Regulatory Division strongly encourages members of the public seeking support not associated with a project requiring a DA permit application to leverage the robust community of environmental consultants in South Carolina in response to independent requirements of state and local government(s).   
    
3. Request a Pre-Application Meeting: Applicants may request a pre-application meeting, or informal meeting with the Corps, during the early planning stages of a project. Pre-application meetings may be requested for any type of proposed project, but it is recommended that these requests be reserved for projects that may be complex and/or potentially controversial. To request a meeting, please complete the Pre-Application Meeting Request Form.
    

Outreach is a vital part of the Charleston District’s Regulatory Program. Participating in outreach events provides the District an opportunity to educate the public about the Regulatory Division’s mission and its role in environmental stewardship. If you are interested in having Regulatory Division staff talk to a class, organization, or group, or would like a member of the team to attend an event, please contact us. 

To contact the Regulatory Division, please send an email or leave a voicemail at your respective location. For a list of counties service by each location, view the Regulatory County Breakdown Map:

• Charleston: (843) 329-8044, SAC.RD.Charleston@usace.army.mil
• Columbia: (803) 253-3444, SAC.RD.Columbia@usace.army.mil 
• Conway: (843) 365-4239, SAC.RD.Conway@usace.army.mil
• Greenville: (864) 609-4326, SAC.RD.Greenville@usace.army.mil