Regulatory Links

Electronic Submissions for Request for Appeals

Due to COVID-19 precautions, the Great Lakes and Ohio River Division requests incoming regulatory appeal correspondence be submitted via email to:
katherine.a.mccafferty@usace.army.mil

Although we are operating in a virtual environment, staff are available to assist you.
We apologize for any inconvenience this may cause.
If electronic submission is not possible, or if you have any questions or concerns related to the appeals program, please contact:

Katherine McCafferty
Regulatory Administrative Appeals Officer
513-684-2699

Administrative Appeals for Corps' Decisions

The Corps of Engineers has an administrative appeal process that enables an affected party to appeal certain Corps decisions with which they disagree while potentially avoiding the cost/delay of court litigation. Decisions which can be appealed include denied individual permits, proffered individual permits, and approved jurisdictional determinations.

These appealable decisions are most commonly made by Corps district offices, and requests for appeal of such decisions are submitted to the next higher authority, most commonly the Corps division offices. It is the policy of the Corps of Engineers to promote and maintain an administrative appeal process that is independent, objective, fair, prompt, and efficient.

Requests for appeal must be received by the division office within 60 days of the date of the appealable decision. Where an appeal is accepted, a site visit and/or an appeal conference or meeting may be conducted. The division engineer will make a determination on the merits of the appeal based on a review of the district’s administrative record, and either confirm the district’s initial decision or remand the decision to the district for reconsideration. The division engineer will make a final decision on the merits of the appeal at the earliest practicable time.

Appeal Decisions, Regulations and Guidance

Administrative Appeal Decisions
Summarized administrative appeals received  the Great Lakes and Ohio River Division

Administrative Appeal Regulation
‚Äč
Complete text of the Federal Register, Part III dated Tuesday, March 28, 2000

Regulatory Guidance Letter 06-01
Determining the Timeliness of Request for Appeal (RFA)

The appendices below are included in the Administrative Appeal regulation
Appendix A: Administrative Appeal Process for Permit Denials and Proffered Permits
Appendix B: Applicant Options with Initial Proffered Permit
Appendix C: Administrative Appeal Process for Approved Jurisdictional Determinations
Appendix D: Process for Unacceptable Request for Appeal