Contact Information

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

 

For Permitting Questions contact the Regulator of the Day at  (817) 886-1731.

To submit permit applications or report potential violations by e-mail, go to E-Submittal Instructions for additional information.

 For Questions regarding Hunting Permits at Corps of Engineers Reservoirs, call 817-886-1571 or the Reservoir Office directly.

 

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.

Special Notices

3 September 2021 – Current Implementation of Waters of the United States

The Environmental Protection Agency and U.S. Army Corps of Engineers (the agencies) are in receipt of the U.S. District Court for the District of Arizona’s August 30, 2021, order vacating and remanding the Navigable Waters Protection Rule in the case of Pascua Yaqui Tribe v. U.S. Environmental Protection Agency. In light of this order, the agencies have halted implementation of the Navigable Waters Protection Rule and are interpreting “waters of the United States” consistent with the pre-2015 regulatory regime until further notice. The agencies continue to review the order and consider next steps. This includes working expeditiously to move forward with the rulemakings announced on June 9, 2021, in order to better protect our nation’s vital water resources that support public health, environmental protection, agricultural activity, and economic growth. The agencies remain committed to crafting a durable definition of “waters of the United States” that is informed by diverse perspectives and based on an inclusive foundation. Additional information is available on EPA’s website at: https://www.epa.gov/wotus/current-implementation-waters-united-states.

30 July 2021 – EPA and Army Announce Next Steps for Crafting Enduring Definition of Waters of the United States

The Environmental Protection Agency (EPA) and the Department of the Army (Army) have announced plans for upcoming community engagements to inform their efforts to revise the definition of “waters of the United States” (WOTUS). EPA and Army have stated a commitment to developing a reasonable, effective, and durable definition of WOTUS that protects public health, the environment, and downstream communities while supporting economic opportunity, agriculture, and other industries.

EPA and Army are announcing a series of engagement opportunities, including an opportunity for stakeholders and the public to provide written recommendations and a series of public meetings in August to hear perspectives on the rulemaking. In addition, the agencies are initiating Federalism and Tribal consultations for the foundational rule. The agencies also intend to host a series of dialogues with state and Tribal co-regulators this fall to discuss both rulemakings.

The full announcement can be found here: https://www.epa.gov/newsreleases/epa-and-army-announce-next-steps-crafting-enduring-definition-waters-united-states.

For more information on submitting written recommendations or to register for the public meetings, see www.epa.gov/wotus.

 

9 June 2021 - EPA, Army Announce Intent to Revise Definition of Waters of the United States

The Environmental Protection Agency and Department of the Army have announced their intent to revise the definition of “waters of the United States” to better protect our nation’s vital water resources that support public health, environmental protection, agricultural activity, and economic growth.

The agencies’ new regulatory effort will be guided by the following considerations:

 - Protecting water resources and our communities consistent with the Clean Water Act.
 - The latest science and the effects of climate change on our waters.
 - Emphasizing a rule with a practical implementation approach for state and Tribal partners.
 - Reflecting the experience of and input received from landowners, the agricultural community that fuels and feeds the world, states, Tribes, local governments, community organizations, environmental groups, and disadvantaged communities with environmental justice concerns.

The agencies are committed to meaningful stakeholder engagement to ensure that a revised definition of waters of the United States considers essential clean water protections, as well as how the use of water supports key economic sectors. Further details of the agencies’ plans, including opportunity for public participation, will be conveyed in a forthcoming action. To learn more about the definition of waters of the United States, visit https://www.epa.gov/wotus.

REISSUANCE OF THE NATIONWIDE PERMITS

On January 13, 2021, the U.S. Army Corps of Engineers (Corps) published a final rule in the Federal Register (86 FR 2744) announcing the reissuance of 12 existing nationwide permits (NWPs) and four new NWPs, as well as the reissuance of NWP general conditions and definitions with some modifications. Click NWPs for more information about implementation of the NWPs in the Fort Worth District.

22 Jun 2020– Navigable Waters Protection Rule becomes effective
The Environmental Protection Agency and the Department of the Army’s Navigable Waters Protection Rule (NWPR):  Definition of “Waters of the United States” became effective on June 22, 2020. The NWPR establishes the scope of federal regulatory authority under the Clean Water Act.  The NWPR includes four simple categories of jurisdictional waters and provides specific exclusions for many water features that traditionally have not been regulated.  See more below at Delineations and Jurisdictional Determinations (JDs) below. Additional information about the rule can be found on the EPA’s website at https://www.epa.gov/nwpr.

18 May 2020 -2018 National Wetland Plant List  (NWPL) Update

The U.S. Army Corps of Engineers (Corps), as part of an interagency effort with the U.S. Environmental Protection Agency (EPA), the U.S. Fish and Wildlife Service (FWS) and the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS), is announcing the availability of the final 2018 National Wetland Plant List (NWPL). The Federal Register Notice for the 2018 NWPL update can be found here: https://www.govinfo.gov/content/pkg/FR-2020-05-18/pdf/2020-10630.pdf

The NWPL provides plant species indicator status ratings, which are used in determining whether the hydrophytic vegetation factor is met when conducting wetland delineations under the Clean Water Act and wetland determinations under the Wetland Conservation Provisions of the Food Security Act. Other applications of the NWPL include wetland restoration, establishment, and enhancement projects. The list is effective as of May 18, 2020 and will be used in any wetland delineations performed after this date. Completed wetland delineation/determination forms should reference the version of the NWPL used to complete the form.  The final NWPL is available at http://wetland-plants.usace.army.mil/.  State, regional, and national lists can also be downloaded from this site.

18 Mar 2020-Regulatory Division Operations and E-submissions

The Fort Worth District Regulatory Division remains in operation. This includes, but is not limited to: accepting pre-application meeting requests, applications for Section 404 Clean Water Act and Section 10 Rivers and Harbors Act, Individual Permits, Pre-Construction Notifications for use of Nationwide or Regional General Permits, Aquatic Resource Delineation Reviews and Jurisdictional Determinations, mitigation proposals, site visits and compliance inspections. Regulatory Project Managers are available by telephone and e-mail, however, face to face meetings in the Lanham Federal Building in Fort Worth have been curtailed until further notice. Telephone calls to our front desk 817-886-1731 will be forwarded to our Regulator of the Day. Please leave a message, telephone number and an e-mail address and a Project Manager will contact you as soon as possible.

We encourage the public to take full advantage of the paperless/electronic submittals procedures established 20 Nov 2019 as the primary means of accepting applications. See Electronic Submittal Instructions for more information. 

Applicants/Consultants may submit all initial questions and application materials to CESWF-Permits@usace.army.mil. For reporting unauthorized activities in waters of the United States, you may complete a Fort Worth District Alleged Violation Report Form and email it to CESWF-Compliance@usace.army.mil. Permit Compliance Certification Forms and Compliance Monitoring Reports may also be sent to CESWF-Compliance@usace.army.mil.

 

07 August 2019 - Regulatory Guidance Letter 19-02 (Timeframes for Clean Water Act Section 401 Water Quality Certifications and Clarification of Waiver Responsibility)  The Assistant Secretary of the Army for Civil Works has announced the issuance of the USACE Regulatory Guidance Letter (RGL) 19-02. This RGL provides guidance to USACE district engineers to clarify timeframes improve efficiency for receiving Section 401 Water Quality Certification decisions.

25 February 2019 - Regulatory Guidance Letter 19-01 (Mitigation Bank Credit Release Schedules and Equivalency in Mitigation Bank and In-Lieu Fee Program Service Areas)  The Assistant Secretary of the Army for Civil Works has announced the issuance of the USACE Regulatory Guidance Letter (RGL) 19-01. This RGL provides guidance to USACE district engineers on credit release schedule for mitigation banks and on using consistent criteria to establish service areas for both mitigation banks and in-lieu fee programs.

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.

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/

Hydrologic Modeling Guidelines Technical Report and Checklist

This Technical Report presents technical information supporting development of a set of Hydrologic Modeling Guidelines (HMGs) for the U.S. Army Corps of Engineers Fort Worth District Regulatory Division (Corps). The HMGs are designed for discretionary application by Corps project managers and water supply permit Applicants to assist in identifying hydrologic analysis and modeling needs and requirements associated with water supply and management permit applications, with a focus on the RiverWare modeling platform for cases that require hydrologic modeling. The HMGs are intended to add predictability and transparency to the aspects of the permitting process related to hydrologic modeling but are not required to be used by Applicants or Corps regulators. These guidelines have been developed primarily for the Corps’ Regulatory Program’s (Regulatory) project managers who have limited experience associated with the topics covered. Report

 

Regulatory Program Introduction

USACE Jurisdictional Determinations and Permit Decisions This is a Public Viewer for USACE projects across the country. It shows final and pending IP's, emergency permits, approved jurisdictional determinations, etc.

Regulatory Program Frequently Asked Questions

Delineations and Jurisdictional Determinations (JDs)     

  Jurisdictional Information

2020 Navigable Waters Protection Rule (applicable in all US states and territories

33 CFR Part 328 - Definition of Waters of the United States (2020 Rule)The interim approved jurisdictional determination form and user manual for the Navigable Waters Protection Rule are provided here for transparency purposes only, and these materials are for internal use only by the U.S. Army Corps of Engineers.(use Version 29 July 2020) NWPR Interim Approved JD Form    NWPR Interim Approved JD Form User Manual

NWPR Training and Implementation Materials-Important training and implementation information including recorded trainings and slides (NWPR Overview (PDF), Typical Year (PDF), Tributaries, Ditches, Flow Regime, and Assessment (PDF), Adjacent Wetlands Lakes, Ponds and Impoundments (PDF), and Exclusions (PDF)) as well as as Implementation Memos (TNW Memo, Ditch Exemptions Memo, Ag Memo, Coordination Memo), and the Antecedent Precipitation Tool (APT) Additional resources are found in NWPR Implementation Resources. NWPR-Factsheets

Streamflow Duration Assessment Methods (SDAMS)

Helpful tools for classifying streamflow duration include the regional Streamflow Duration Assessment Methods (SDAMS) being developed cooperatively between EPA and USACE. A majority of the Fort Worth District would eventually be covered by the Great Plains and the Southeast SDAMS. The Great Plains is nearing completion as 290 sites were sampled and 110 validation reaches were visited and rapid field assessments were conducted. The Great Plains and Southeast SDAM's are nearing completion of their beta versions. In the meantime, based upon an extensive number of site assessments by our SWF staff, it has been determined the New Mexico Hydrology Protocol for Determination of Uses Supported by Ephemeral, Intermittent and Perennial Waters (see New Mexico SDAM) contains indicators which are reliable and repeatable for use in lieu of a specific method that has been developed for distinguishing among, ephemeral, intermittent and perennial stream and river in the Fort Worth District's area of responsibility.

Regulated Activities Defined

Permitting

Standard Individual Permits and Letters of Permission

Electronic Permitting Process

Emergency Permit Procedures

Compliance and Enforcement-Reporting Unauthorized Activities   

Section 408-Temporary or Permanent Alterations to Civil Works Projects

Technical and Biological Information

Appeals

Projects of Interest    

Permit Applicant Training Presentations