US Army Corps of Engineers
Nashville District Website

Regulatory Division

Fixed and Floating Docks along the Tennessee River at Mile 65.7,

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 work that occurs in “waters of the United States” that are regulated by the Corps pursuant to Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Some examples of areas that may be within the jurisdiction of the Corps include marshes, swamps, streams, creeks, rivers, ponds, lakes, seasonally saturated forested and non-forested wetlands.

All regulated activities occurring within jurisdictional areas require a permit from the Corps. Some example activities occurring within jurisdictional areas that require a permit include dredging of waterways, bank stabilization, recreational ponds and lakes, as well as the construction of fixed docks/boat slips, floating docks/boat slips, marinas, fleeting areas, boat ramps, roads, transportation crossings, residential and commercial developments, utility lines, and mining activities.

In order to determine whether your proposed activity requires a permit, or whether any “waters of the U.S.” are located on your property or within your project area, please explore our website or contact us for further guidance. Please note that the Nashville District Corps of Engineers will make the final determination of whether an area is a jurisdictional “water of the U.S.” and whether the activity requires a permit.

The Nashville District covers portions of Alabama, Kentucky, Mississippi, Tennessee and Virginia. We are dedicated to providing strong protection of the Nation's aquatic resources, including wetlands, to enhance the efficiency of the Corps regulatory program, and ensure that the Corps provides fair, reasonable, and timely decisions to our customers.

Announcements

REGULATORY ACTIVITIES DURING THE COVID-19 PANDEMIC

The safety of the Public, the Nashville District Regulatory Division employees, and the prevention of the spread of COVID-19 are our prime concerns. We have implemented the following measures for the duration of the COVID-19 Emergency:

•   While All Regulatory Staff remain on duty processing requests, all of our Regulatory Offices are closed to the public at this time.  These include the Nashville Regulatory Division Office in Nashville, TN; the Western Regulatory Field Office in Decatur, AL; and the Eastern Regulatory Field Office in Lenoir City, TN.

•   During the pandemic, please use the telephone or email to contact Regulatory Division staff.

•   At the present time, in-person meetings are not permitted, and field/site visits are occurring only on a limited basis.  Please contact us directly if you believe your project requires a site visit from the Corps.  Meetings will be held virtually by telephone or over the internet.

•   We are still accepting new applications, mitigation proposals, requests for comment, and jurisdictional determination requests electronically or by US Mail.  Please submit all new to requests to NashvilleRegulatory@usace.army.mil.

•   You may send us files too large for email, up to 8 GB in size, through the DoD SAFE (Secure Access File Exchange) site at https://safe.apps.mil/. Send us an email at NashvilleRegulatory@usace.army.mil to request an access code to use the DoD SAFE site for each set of documents you would like to send us.  Include "drop-off request" in the subject line of the email. Do not send paper copies of documents sent to us electronically.

•   We are continuing to review and process all permit applications, mitigation proposals, and jurisdictional determination requests.  Timeframes for permit decisions and other responses should be unaffected by the pandemic.

There have been no changes in the requirements associated with our authorities under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899. We will continue to fully implement the requirements associated with these authorities of this pandemic.

 

Navigable Waters Protection Rule

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.

 

EPA and Army will Implement the "Definition of 'Waters of the United States' - Recodification of Pre-Existing Rules"

23 December 2019 - Effective December 23, 2019 the EPA and Army will Implement the "Definition of 'Waters of the United States' - Recodification of Pre-Existing Rules"
The Environmental Protection Agency and Department of the Army published a final rule to repeal the 2015 Clean Water Rule (2015 Rule) and re-codify the regulatory text defining "waters of the United States" that existed prior to 2015.  The rule is available on the Federal Register.  The rule is effective on December 23, 2019.  The agencies will implement the pre-2015 Rule regulations informed by applicable agency guidance documents and consistent with Supreme Court decisions and longstanding agency practice.  

 

EPA and Army Publish Rule to Repeal 2015 "Waters of the U.S." Definition

22 October 2019
The Environmental Protection Agency and Department of the Army have published a rule to repeal the 2015 Clean Water Rule and re-codify the regulatory text defining "waters of the United States" (WOTUS) that existed prior to 2015.  The rule is available on the Federal Register at https://www.federalregister.gov/documents/2019/10/22/2019-20550/definition-of-waters-of-the-united-states-recodification-of-pre-existing-rules.  The rule will become effective on December 23, 2019.  On this date, the agencies will implement the pre-2015 Rule regulations informed by applicable agency guidance documents and consistent with Supreme Court decisions and longstanding agency practice.  More information can be found at https://www.epa.gov/wotus-rule.