US Army Corps of Engineers

US Army Corps of Engineers

Each year thousands of construction projects areundertaken in the United States that could

potentially impact the nation’s rivers, streams,wetlands and other aquatic resources. Many of theseprojects also have tremendous value for individuals,communities and the economy.

Through its regulatory programthe U.S. Army Corps of Engineersensures that any environmentalimpact on aquatic resources fromthese construction projects is avoided,minimized or mitigated. The Corps isdedicated to protecting the nation’saquatic resources while allowingreasonable and necessary developmentto go forward.

Listening, Evaluating, ActingThe heart of the Corps regulatory

program is the public interest reviewprocess, which is designed to producefair, flexible and balanced permitdecisions.

Through this review process, the Corpsthoroughly considers the views of the public,government agencies, tribes and project proponents.

Once all sides have been heard from, the Corpscarefully evaluates the positives and negatives of eachproject to determine what will best serve the publicinterest.

Just a few of the benefitsof an effective regulatoryprogram are:

• Cleaner water;

• A healthierenvironment;

• More jobs; and

• A stronger economy.

What Does the Regulatory ProgramMean to You?

US Army Corps of Engineers

The Corps efforts to balance society’s many needsofficially begins with the permit process. However,

one measure of the success of these efforts is thatmany project proponents are working with the Corpsduring the planning stage of projects to protect theaquatic environment and avoid the need for a permit.

In other cases project proponents are makingadjustments to minimize the impacts of their projectson aquatic resources so that they can gain permitsmore quickly. The end result is that projectproponents avoid delays, taxpayers avoid unnecessarycosts, and the environment is protected from adverseimpact.

In cases where impacts on aquatic resources areunavoidable, project proponents must obtain permitsfrom the Corps. This process is designed to be fairand flexible and to providetimely decisions. TheCorps also is committed toensuring that the publichas a full opportunity toprovide input on projectsthat will have more thanminimal impacts on theenvironment.

There are three basic types of permits: standard,general and letters of permission. Standard permits areissued for projects that are likely to have more than

minimal impacts onaquatic resources. Generalpermits cover projects thatwill have minimal impact.Letters of permission areissued on a quick timelineafter coordination withFederal and State resourceagencies.

One of the strengths ofthe permit program is thatit is backed up by a strongenforcement effort. TheCorps is committed toenforcing compliance withthe terms of all of the

permits it issues. The enforcement program alsoensures that companies which harm aquaticresources without getting the needed permits fixthe damage. The Corps acts on approximately6,000 reported violations each year.

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US Army Corps of Engineers

Did You Know...

More than 49,000

acres of wetlands

are restored,

created, enhanced

or preserved by the

Corps every year.

D

Nearly 90,000important

development andinfrastructureprojects are

permitted everyyear with little

impact.

D

On average permitdecisions are madewithin 64 days.

Photo by Elinor Osborn, winner in EPA's 2002wetland photography contest

Photo by Michael Corey, finalist in EPA's2002 wetland photography contest

Photo by Anneke Davis, finalist in EPA's 2002wetland photography contest

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The Corps regulatory program helps keep thenation’s waters clean and clear and protects the

many living creatures that live in and near them,including endangered species. The program covers awide variety of aquatic resources including wetlands,rivers, streams, tidal waters, coral reefs, shellfish bedsand the oceans.

One of the primary missions of the program is toprotect the nation’s wetlands, which are areas that arecovered by water or have waterlogged soils for portionsof the growing season. Lying on the border betweenwater and land, wetlands have a rich mix of nutrients,plants and insects that make them the perfect nurseryfor a wide variety of fish and wildlife during thevulnerable early stages of their lives.

Most commercialand game fish breed andraise their young inwetlands. Approximately35 percent of allfederally listed rare andendangered animalspecies either live in ordepend upon wetlands.Wetlands also serve asrest stops for migratorybirds, help prevent

floods, controlerosion and improvewater quality.

The Corpsregulatory programsupports the nationalgoal of “no overall netloss” of wetlands. Forpermitted activitiesthat result inunavoidable losses,the Corps oftenrequires replacementwetlands to offsetthose losses. TheCorps places asignificant emphasison ensuring that theecological qualityof impacted andreplacement wetlandsare the same. Over time, this focus on ecologicalquality may lead to a net gain in wetlands.

Over the past several years, the average amount ofwetlands affected by Corps permits was 22,000 acresper year. To offset those effects, an average of 50,000

acres of wetlands wererestored, created,enhanced or preservedunder the program eachyear. In many cases,several small, separate,low value wetlands werereplaced with moreenvironmentallybeneficial large wetlandcomplexes.

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US Army Corps of Engineers

The Corps regulatory program has a huge impacton the economy by enabling billions of dollars

worth of construction and development projects toproceed each year with limited effects to theenvironment.

The Corps efficient permit process reducespaperwork and staff time resulting in cost savingsfor applicants and taxpayers. Many projects areauthorized through nationwide or regional generalpermits. More than 90,000 of the projectsauthorized by the Corps each year are approvedunder general permits.

In many cases, the Corps also works with potentialapplicants during the planning and design of projectsso that problems can be spotted early on and addressed,saving development costs while still reducing potentialenvironmental harm.

The permit program minimizes effects that wouldhave negative impacts on fishing and hunting areasand it supports commercial navigation and recreationalboating activities, all of which are multibillion-dollarindustries. For example, the regulatory programensures the continued viability of wetland-dependentspecies, which generate $15 billion in revenue a yearfor the fishing and shellfishing industry.

Finally, the regulatory program helpsprevent or modify activities that couldincrease the potential for flooding or causeerosion, thereby avoiding potentiallysubstantial negative economic effects.

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The Corps regulatory program creates tremen-dous benefits for individuals, communities and

society as a whole.By allowing necessary projects to go forward,

the program strengthens the economies of localcommunities and creates jobs for thousands ofAmericans.

By protecting aquatic and wildlife habitat, theprogram ensures that current and future generationswill be able to enjoythese beautiful naturalresources.

By safeguardingrecreation areas, theprogram encouragespeople to hike, bike,canoe and take part inother physical activitiesthat enhance fitness andmental and emotionalwell being.

By approving therepair or rebuilding ofunsafe structures in

waters and the clearing of obstructions, theprogram helps ensure safe navigation and theunimpeded flow of water, strengtheningcommercial shipping, fisheries and otherindustries, which are linchpins of many local andstate economies.

By quickly issuing permits to speed recoveryefforts after floods, earthquakes, hurricanes, andother natural and manmade disasters, the

program assists people, businesses, and communitiesto rapidly rebuild.

Most important,the programfacilitates thedevelopment of thenation’s criticalinfrastructure, whichis such a vital part ofall of our lives, whileprotecting ouraquatic resources.

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In carrying out itsregulatory program, the

Corps works closely with adiverse array of federal,state, tribal and localgovernment agencies,nonprofit groups,businesses and individuals.The Corps is committed tocoordinating its effortswith other agencies toavoid duplication of effort.

For instance, it has developed joint permit applications with several states.The Corps also partners with many different agencies and organizations onwetland and stream mitigation projects.

To learn more about the valuable benefits ofthe Corps regulatory program visit the Value

to the Nation web site at www.CorpsResults.us. Tolearn more about the specifics of the regulatoryprogram, including regulations and policies,applicable laws, and court decisions visitwww.usace.army.mil/inet/functions/cw/cecwo/reg.This site also has links to related organizations,including Corps district offices and other federalagencies that deal with wetlands andenvironmental resources.

Visit our Value to the Nation website: www.CorpsResults.us

©2008 Produced by the U.S. Army Engineer Institute for WaterResources in partnership with the Headquarters Regulatory Branch.

To inquire about this brochure, please contact the IWR publicationsoffice at CEIWR.Publications@usace.army.mil. For the sources ofinformation used in this brochure, visit www.CorpsResults.us.