12/11/2018 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 Waters of the United States Rulemaking Step Two - Revise and Waters of the United States Rulemaking.
02/07/2018 Emergency Permits for Santa Barbara and Ventura Counties.
03/22/2017 Nationwide Permit Reissuance and Final Regional Conditions for the Los Angeles District
On January 6, 2017, the U.S. Army Corps of Engineers (Corps) published the notice in the Federal Register announcing the reissuance of all 50 existing nationwide permits (NWPs), general conditions, and definitions with some modifications. The Corps also issued two new NWPs, one new general condition, and five new definitions. The 2017 NWPs went into effect on March 19, 2017, and will expire on March 18, 2022. The Los Angeles District’s Regional Conditions for the 2017 NWPs were finalized on March 22, 2017. Documents related to the 2017 NWPs, including an updated Pre-construction notification checklist and instructions to facilitate review of NWP applications, are available on our website under Permit Process.
03/16/2017 Minimum Standards for Acceptance of Aquatic Resources Delineation Reports
The Los Angeles District has adopted minimum standards for the acceptance of aquatic resources delineation reports to facilitate review of permit applications, ensure consistency in submitted delineations, and to reflect current regulatory standards, guidance and protocol. The standards are in effect for all applications submitted after March 20, 2017. Delineations submitted for verification must follow the standards, unless determined not to be practical on a case-by-case basis. Situations where adherence to the standards may not be practical include activities within highly modified and confined channels, activities with small permanent or temporary impacts to aquatic resources (under 0.10 acre), applicants with limited financial resources, and in emergency situations. The standards can be viewed here.
11/02/2015 The U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency issued a report examining the implementation of the 2008 regulations governing compensatory mitigation offsetting losses of jurisdictional waters and wetlands authorized by Department of the Army permits. This retrospective focuses on the administrative aspects of executing the 2008 Mitigation Rule, and it examines five years of summary data on permitted impacts, compensatory mitigation requirements, and approvals of mitigation banks and in-lieu fee programs. For more information click here
10/29/2015 LAD Regulatory Division posts compensatory mitigation site map online.
The U.S. Army Corps of Engineers Los Angeles District Regulatory Division has been compiling the location of permittee‐responsible compensatory mitigation sites into a map which is now publicly available online. GIS shapefiles and metadown can also be downloaded. Regulatory Division plans to add more sites soon and continue to add new data into the future. To see the map 'Compensatory Mitigation Map' and other mitigation resources, visit the website here.
10/15/2015 Check here for latest news regarding the Clean Water Rule
9/14/2015: 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 proposed annual update to the National Wetland Plant List (NWPL) for 2015 in the Federal Register. In addition to commenting on the proposed updates, the public will also be provided the opportunity to comment on the proposed process for future updates to the NWPL, which includes a proposed timeline for future updates on a biennial cycle.
Comments are requested to provided via the NWPL website (located under NWPL Publications/Documents, Wetland Ratings, Proposed FR NWPL 2015 Update section) by 13 November 2015. For more information click here.
8/18/2015: On January 30, 2015, the President issued Executive Order (EO) 13690: Establishing of a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input. The EO amends existing EO 11988: Floodplain Management originally issued in 1977, to include the Federal Flood Risk Management Standard (FFRMS). Once implemented, the FFRMS will assist in reducing the risk and cost of future flood disasters by ensuring that Federal investments in and affecting floodplains are constructed to better withstand the impacts of flooding. Frequently asked questions were received regarding the intended scope of the President’s FFRMS and the anticipated impacts to the USACE Regulatory Program. The Applicability of Floodplain Management and FFRMS Executive Orders to USACE Permitting Authorities was developed to provide clarification in this regard. For more information click on the link below.
Executive Order (EO) 13690
6/29/2015:Announcing the Clean Water Rule: Definition of Waters of the United States. The effective date for the Clean Water Rule will be 28 Aug 2015.
Federal Register Notice
6/22/2015: The Office of the Assistant Secretary of the Army for Civil Works and the U.S. Environmental Protection Agency have announced the release of the Clean Water Act Rule. Additional information can be found by clicking the link below.
6/22/2015: Posted on South Pacific Divisions page on 2/2/2015: The U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (Army) are announcing the withdrawal of an interpretive rule addressing the exemption from permitting provided under section 404(f)(1)(A) of the Clean Water Act (CWA). The agencies want to make clear that the statutory exemption of 404(f)(1)(A) still remains available for use when applicable for discharges of dredged and/or fill material associated with normal farming, silviculture, and ranching activities that are part of an established operation and that do not have as their purpose bringing an area of waters of the U.S. into a use to which it was not previously subject, where the flow or circulation of the waters of the U.S. may be impaired or the reach of such waters be reduced (see 33 CFR 323.4 for more information).
Clean Water Act Interpretive Rule For 404(f)(1)(A)
6/22/2015: Posted on South Pacific Divisions page on 12/31/2014:The South Pacific Division has published a notice announcing FINAL Regional Compensatory Mitigation and Monitoring Guidelines to be followed in South Pacific Division’s subordinate districts (Albuquerque, San Francisco, Sacramento, and Los Angeles districts) regarding procedures for compensatory mitigation as required for processing of Department of the Army (DA) permits under Section 404 of the Clean Water Act, Section 10 of the Rivers and Harbors Act, and Section 103 of the Marine Protection, Research, and Sanctuaries Act.
Public Notice Final Regional Compensatory Mitigation and Monitoring Guidelines