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Regulatory Division

The Department of the Army Regulatory Program is one of the oldest in the federal government. Initially, the Regulatory Program's purpose was fairly simple and straightforward: to protect and maintain the navigable capacity of the nation’s waters under Section 10 of the Rivers and Harbors Act.

In 1972, the Clean Water Act was signed into law, and the Army was directed to administer Section 404 of the Act, which regulates the discharge of dredged material, fill material or both into waters of the United States. In 1977, the Corps of Engineers’ jurisdiction was increased to include wetlands as part of the waters of the United States.

Every year, Texans begin work on numerous construction projects that could potentially impact the state’s rivers, streams, wetlands and other aquatic resources. Many of these projects have tremendous value for individuals, communities and the economy.

Through the Regulatory Program, the U.S. Army Corps of Engineers ensures that environmental impacts on aquatic resources from these projects are avoided, minimized and mitigated. Our mission in the Fort Worth District is to serve the public interest in the state, providing responsive, quality service by balancing protection and reasonable use of aquatic resources through professional administration of the Regulatory Program.

The Fort Worth District is dedicated to protecting Texas waters while allowing reasonable and necessary development to move forward. The Corps asks for your help in spreading the word to others about the permit requirements outlined here and solicits your views on better ways of attaining the goals of this program.  

Your  understanding and support is vital to the success of the program. We must work together to protect Texas water resources, ensuring their use and enjoyment for future generations, while enabling responsible development.

Here is a link to our Fort Worth District video Fort Worth Proud celebrating our District's 68th anniversary.

Special Notices

14 February 2019 - EPA and Army publish proposed revised "waters of the United States" definition

The U.S. Environmental Protection Agency (EPA) and the Department of the Army announced today the publishing in the Federal Register of the proposed new definition of "waters of the United States" that clarifies federal authority under the Clean Water Act.  The notice is available at https://www.federalregister.gov/documents/2019/02/14/2019-00791/revised-definition-of-waters-of-the-united-states. 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 publishing of the proposal and outreach efforts were delayed due to the lapse in appropriations for EPA. Today's notice begins a 60-day public comment period that will close on April 15, 2019. EPA and the Army will hold an informational webcast on February 14, 2019, and will host a listening session on the proposed rule in Kansas City, KS, on February 27-28, 2019. Information, including supporting analyses and fact sheets, are available at: https://www.epa.gov/wotus-rule/step-two-revise and https://www.epa.gov/wotus-rule.

14 November, 2018 - Surface Coal Mining Activities - Special Public Notice

19 October, 2018-Flood Recovery and Repair Activities-Special Public Notice-In response to the severe flooding and other storm related damages in the Fort Worth District. Municipalities and owners of damaged property wanting to conduct repair activities resulting in dredging or placing fill in waters of the United States, including rivers, lakes, streams, creeks, and wetlands should review the public notice. Many of the permits have scopes of work and thresholds which allow you to accomplish your project without delay or waiting for an authorization.

October 2018 The National Technical Committee for Hydric Soils has updated the Field Indicators of Hydric Soils in the United States to version 8.2 in electronic format at http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs142p2_053171.pdf For more information regarding hydric soils, go to http://www.nrcs.usda.gov/wps/portal/nrcs/main/soils/use/hydric/

2 October, 2018-Regulatory Guidance Letter 18-01
(Compensatory mitigation credits for removal of obsolete dams and other structures from rivers and streams)
The Assistant Secretary of the Army for Civil Works has announced the issuance of the USACE Regulatory Guidance Letter (RGL) 18-01. This RGL provides guidance to USACE district engineers on the factors they should consider when determining the amount of compensatory mitigation credit generated from the removal of obsolete dams or other structures to restore rivers and streams.

12 September, 2018- "Waters of the United States" Status and Litigation Update

United States District Court, Southern District of Texas, on 12 September 2018, granted a preliminary injunction of the 2015 Clean Water Rule in Texas, Louisiana and Mississippi. The USACE Districts in those three states are operating under the 1986 regulations along with the 2003/2008 guidance documents. (Case 3:15-cv-00162 Document 140 filed in TXSD on 12 Sep, 2018)

Enforcement Actions:

On 6 June, 2016, the USEPA signed an Administrative Order to Chesapeake Operating, LLC citing violations of the Clean Water Act resulting from the dredged and fill activities involving wetlands and an intermittent stream just west of Crystal City, Zavala County, Texas. A Consent on Agreement and Final Order between EPA and Chesapeake Operating, LLC to settle violation of Section 301(a) of the Act resulted in a $9,000 civil penalty. Chesapeake Operating, LLC, will also restore the functions of the wetland and stream. The work was discovered by the Fort Worth Regulatory Branch and referred to USEPA.

On 18 March, 2015, the USEPA signed a Consent Agreement and Final Order with CTMGT Tuberville, LLC assessing a Class I civil penalty of $4,500 under Section 404 of the Clean Water Act (CWA) for unauthorized work and a violation of permit conditions on a subdivision in Denton, Texas.   The work was discovered by the Regulatory Branch and referred to USEPA as a knowing and willful violation.   In addition to the fine, the permittee was ordered to restore the area within permit conditions. 

 

Regulatory Program Introduction

Regulatory Program Frequently Asked Questions

Delineations and Jurisdictional Determinations (JDs)     

Regulated Activities Defined

    Permitting

Technical and Biological Information

Appeals

Projects of Interest    

 

Compliance and Enforcement-Reporting Unauthorized Activities   

Permit Applicant Training Presentations

 

Regulatory Automated Tools System (RATS)
Regulatory's Automated
Tools System (RATS)

The animal depicted on this page is a regulatory swamp rat, Oryzomys regulatorius. It is the ultimate wetland specialist, at home in the playa lakes of west Texas as well as the big thicket in east Texas. Much like the Regulatory staff, it is a hardy and resourceful species that adapts to the situation.

Contact Information

Regulatory Division
(
CESWF-DE-R)
Fort Worth District (Map)
U.S. Army Corps of Engineers
819 Taylor Street, Room 3A37
P.O. Box 17300
Fort Worth, Texas 76102-0300

Contact the Regulator of the Day at  (817) 886-1731 for general questions, permit status, or other requests.