Jacksonville District Regulatory Division

Regulatory News

Announcements. For example, establishment of emergency permitting procedures for a hurricane.

Overview

Jacksonville District Area of Responsibility

Jacksonville District Regulatory Division has jurisdiction over the geographic area of the State of Florida. The Division is geographically aligned in three Permitting Branches, which are further divided into nine Sections, and Mitigation Bank Team and Enforcement Section.

Primary Webpages for Regulatory Program Information

Regulatory Program Information is found on the following webpages.

1. This webpage you are currently reading (Jacksonville District Regulatory). This provides information specific to the Jacksonville District.
2. Regulatory Request System. This is a nationwide webpage for submitting applications or certain other requests. It includes information relevant to those requests. It also enables you to view and comment on Public Notices issued on certain pending applications.
3. Headquarters Regulatory webpage. This provides information relevant nationally (not-District specific).

Who do I contact with questions?

For general questions call 904-232-1177 or email: SAJ-RD@usace.army.mil
For project specific questions: Contact one of our local offices based on which county the project is located

Do I need a permit?

Please click this link to open the Regulatory Request System webpage's section titled "Do I need a permit?" This section briefly explains the three laws that require a permit for certain activities. (After clicking the link, click "I accept" to close the popup window).

What types of permits are available?

Please click this link to open the Regulatory Request System webpage's section titled "What types of permits are available?" This section briefly explains the different types of permits. (After clicking the link, click "I accept" to close the popup window).

Which waters does the USACE Regulate?

Please click this link to open the Regulatory Request System webpage's section titled "Which waters does the USACE Regulate?" This section briefly explains the geographic extent where a permit is required. (After clicking the link, click "I accept" to close the popup window).

Public Notices

How to view and comment on Public Notices

Please click this link to open the Regulatory Request System webpage's section titled "Public Notices". This section briefly explains the three laws that require a permit for certain activities. (After clicking the link, click "I accept" to close the popup window).

Public Notice Notifications

The Jacksonville District currently has five categories of public notice notification mailing lists. If you wish to receive email notifications when new public notices are added to this page, please send a request to saj-rd-webmaster@usace.army.mil. Each category is described below. Be sure to specify which list(s) you want to be included on.

• Florida - This includes all public notices for projects being reviewed for Standard Permits within the State of Florida.
• Tropical Storms & Other Emergencies - These public notices provide information on procedures for emergency permitting requirements due to specific tropical storm events or other emergency situations.
• Special Issues - These are public notices that involve the Regulatory program but which are generally not limited to one particular geographic area. These would include public notices for the establishment or modification of Restricted Areas/Danger Zones, re-issuance of General Permits or Nationwide Permits, changes to guidance and policies, etc.
• Administrative Penalty - These public notices provide information associated with Administrative Penalties. An Administrative Penalty can be assessed to address violations associated with issued Department of the Army permits.

To receive additional project drawings

Effective immediately: public notices are published with only the vicinity map, plan view and cross-section drawing. If you are interested in receiving additional project drawings associated with any public notice, please send an email to the project manager at the email address listed in the public notice.

Permit Process Guide (guidance on type of permit request)

Please click this link to open the Regulatory Request System webpage's section titled Permit Process Guide. This section asks questions to provide guidance on the type of permit request. (After clicking the link, click "I accept" to close the popup window).

Apply for a Permit

Please click this link to open the Regulatory Request System webpage. Then click the icon "Apply for a Permit." (After clicking the link, click "I accept" to close the popup window). (After clicking the icon you will be asked to either create or use a login.)

Forms

Please click this link to open the Regulatory Request System webpage's section titled "Additional Resources". This section includes a sub-section titled Forms and Appendices. (After clicking the link, click "I accept" to close the popup window.)

Regulations

Please click this link to open the Regulatory Request System webpage's section titled "Additional Resources". This section includes a sub-section titled USACE Regulations. (After clicking the link, click "I accept" to close the popup window.)

Recognizing Wetlands

Please click this link to open the HQ Pamphlet: Recognizing Wetlands.

How do I determine if regulated waters are on my project site?

Please click this link to open the Regulatory Request System webpage's section titled "How do I determine if regulated waters are on my project site?". This section provides information on the extent of wetlands and other waters within which a permit may be required. (After clicking the link, click "I accept" to close the popup window).

What are my options to submit an Aquatic Resource Delineation Report or to request a Jurisdictional Determination?

Please click this link to open the Regulatory Request System webpage's section titled "What are my options to submit an Aquatic Resource Delineation Report or to request a Jurisdictional Determination?". This section and the ones that follow describe how to submit a request. (After clicking the link, click "I accept" to close the popup window).

HQ Jurisdictional Information Page

Please click this link to open the HQ Jurisdictional Information Page.

Proximity Factor

Please click this link to open the Proximity Factor Guidance.

Compensatory Mitigation

Please click this link to open the Regulatory Request System webpage's section titled Mitigation Information. This section provides a link to the Mitigation Rule and to the Regulatory In-Lieu Fee and Bank Information Tracking System (RIBITS). (After clicking the link, click "I accept" to close the popup window).

Uniform Mitigation Assessment Methodology (UMAM) - FDEP

The Uniform Mitigation Assessment Method (UMAM) was developed by various state of Florida regulatory agencies, with input from local government and the Corps, Jacksonville District. On February 2, 2004, UMAM went into effect at the state level, and those state and local governments responsible for environmental regulation were required to begin utilizing the methodology. Prior to its implementation at the federal level, the Corps conducted a study of the method and recommended UMAM be used for federal wetland regulatory purposes starting August 1, 2005. Implementation of UMAM by the Corps included a few changes from the state rule. Specifically, the Corps continues to use the Corps 3% discount rate, rather than the state's time lag table, based on a 7% rate. Also, the Corps has more restrictions compared to the state in the amount of wetland and upland preservation credit given. The method is used to determine the amount of mitigation needed to offset adverse impacts to wetlands and other surface waters and to award and deduct mitigation bank credits.

HQ Mitigation Information Page

Please click this link to open the HQ Mitigation Information Page.

Overview

The Corps is required to evaluate the potential impacts of a proposed action on any federally listed threatened or endangered species or its designated critical habitat. These evaluations often require coordination with the U.S. Fish and Wildlife Service and/or NOAA Fisheries pursuant to Section 7 of the Endangered Species Act.

As prescribed under Section 7(a)(2) of the ESA and its implementing regulations at 50 CFR Section 402, for every activity involving a federal action, the Corps must evaluate the effects of the action on any listed species or its habitat. Depending on the outcome of this determination, the Corps may engage in informal or formal consultation with the Services.

More information:

• U.S. Fish & Wildlife Service Area of Responsibility Map
• Shore Protection Activities - Statewide Programmatic Biological Opinion
• Gulf Coast Species List
• Atlantic Coast Species List

"NEW" JAXBO NMFS District-Wide Programmatic Biological Opinion

Cultural Resources

• Tribal Affairs and Initiatives
• National Register Information System
• Center for Cultural Site Preservation Technology
• Interim Section 106 Guidance
• Interim Guidance, 2007
• Policy Guidance Letter #57
• DoD Indian and Alaskan Native Policy

Federal Channel Requirements

The Jacksonville District has had a Setback Policy in place since 1935 to be utilized for review of structures proposed along certain Federal channels. Operational circumstances and development have dictated the need to make modifications to the Setback Policy over time. In November 2017, the Jacksonville District provided public notice of the current Setback Policy which applies to the Atlantic Intracoastal Waterway (AIWW) from the Georgia/Florida state line to the St. Johns River, Intracoastal Waterway (IWW) on the east coast of Florida from the St. Johns River to Miami, Intracoastal Waterway (GIWW) on the west coast of Florida from the Caloosahatchee River to Anclote River, and the Okeechobee Waterway (OWW).

• Setback Guidance with Appendices
• August 2013 FAQs

Essential Fish Habitat and Dock Construction Guidelines

Federal agencies, (including the Corps of Engineers) are required to consult with National Oceanic and Atmospheric Administration (NOAA) Fisheries on all actions or proposed actions that may adversely affect Essential Fisheries Habitat (EFH). If coastal development projects have the potential to adversely affect marine, estuarine or anadromous species or their habitat, the National Marine Fisheries Service (NMFS) makes recommendations on how to avoid, minimize or compensate these impacts.

Adverse impacts to aquatic vegetation from dock construction may be ameliorated by strict adherence to the joint Corps/National Marine Fisheries Service's "Dock Construction Guidelines in Florida for Docks or Other Minor Structures Constructed in or over Submerged Aquatic Vegetation, Marsh or Mangrove Habitat — U.S. Army Corps of Engineers/National Marine Fisheries Service — August 2001." Additionally, because of concerns about adverse impacts to Johnson's seagrass (Halophila johnsonii), dock construction anywhere in the estuarine lagoon systems on Florida's east coast from Sebastian Inlet (Brevard County) south to and including central Biscayne Bay (Miami-Dade County) must also comply with the construction guidelines titled "Key for Construction Conditions for Docks or Other Minor Structures Constructed in or Over Johnson's seagrass (Halophila johnsonii) National Marine Fisheries Service/U.S. Army Corps of Engineers — February 2002."

Note: Both of the Construction Guidelines may be subject to revision at any time. It is our intention that the most recent version of this technical tool will be utilized during the evaluation of any permit application. Magnuson-Stevens Act.

• Dock Construction Guidelines (2001)
• Johnson's seagrass Dock Key (2002)

In-Water Construction Conditions

• Standard Manatee Conditions for In-Water Work (2011)
• Conditions for Sea Turtles, Sawfish, Sturgeons

• Dock Construction Guidelines

In Florida for Docks or Other Minor Structures Constructed in or over Submerged Aquatic Vegetation, Marsh or Mangrove Habitat - U.S. Army Corps of Engineers/National Marine Fisheries Service - August 2001 (updated June 2008)

• Key for Construction Conditions

For Docks or Other Minor Structures Constructed in or over Johnson's seagrass (Halophila johnsonii) National Marine Fisheries Service/U.S. Army Corps of Engineers - February 2002 (Johnson's seagrass only occurs in the estuarine lagoonal systems on Florida's east coast from Sebastian Inlet (Brevard County) south to the middle of Biscayne Bay (Rickenbacker Causeway-Miami-Dade County)) (updated October 2002)

List of Navigable Waters

In Florida, The U.S. Army Corps of Engineers, Jacksonville District, exercises Section 10 (of the Rivers and Harbors Act of 1899) regulatory jurisdiction over the Atlantic Ocean, Gulf of Mexico, and Caribbean Sea. Additionally, all or portions of tributaries to the above waters may also be subject to Section 10 authority. However, complete lists of all rivers, streams, creeks, ponds, and lakes subject to Corps Section 10 authority are not available. Below are lists of waters over which the Jacksonville District currently exercises regulatory jurisdiction under the authority of both Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act on all or a portion of the listed water. The absence of a water on these lists does not mean it or a portion of it is not a navigable water. Likewise, the inclusion of a water on these lists is not meant to imply that the water is subject to Section 10 authority in its entirety. All waters subject to the ebb and flow of the tide (tidal action) are navigable waters of the US, and many of the waters listed below have some portion that is subject to the ebb and flow of the tide.

Inquiries concerning Department of the Army Permit requirements on these and other tributary streams and lakes not listed below should be submitted on a case-by case basis to the Regulatory Division, Jacksonville District.

The Section 10 waters lists (below) from the Jacksonville District were compiled from multiple approved and draft navigability studies conducted during the 1970s and 1980s, and from local knowledge of tidally influenced waters. The District makes no claim that these lists are complete or completely accurate. These lists are for regulatory reference purposes only. They are not a substitute for a jurisdictional determination (JD). It is imperative that you contact the appropriate Regulatory Permit Section for a determination on whether the Corps is able to ascertain if a particular project falls within or outside of Section 10 authority.View List of Navigable Waters

Benthic Survey Protocol

Survey Information that may be required:

• Hydrographic/Bathymetric Survey
• Submerged Aquatic Vegetation Survey Guidelines

The Corps of Engineers' enforcement program is based on a policy of the regulation of the waters of the United States by discouraging activities that have not been properly authorized and by requiring corrective measures, where appropriate, to ensure those waters are not misused and to maintain the integrity of the program.

If a violation is suspected, steps are taken to inspect the suspected violation in a timely manner. The scheduling of investigations will reflect the nature and location of the suspected violations, the anticipated impacts, and the most effective use of inspection resources available. These investigations should confirm whether a violation exists, and if so, will identify the extent of the violation and the responsible parties.

The Corps may issue orders requiring corrective action including removal of the unauthorized work and restoration, and/or in certain cases accept an after-the-fact permit application, initiate legal action, or recommend referral to the Environmental Protection Agency for administrative, civil or criminal penalties. The EPA has independent enforcement authority under the Clean Water Act for unauthorized discharges. The Corps works closely with the EPA to coordinate the most effective and efficient resolution of Section 404 Clean Water Act violations.

For appropriate cases, the Corps may recommend criminal or civil actions to obtain penalties for violations. Appropriate cases for criminal or civil action include, but are not limited to, violations which, in the Corps' opinion, are willful, repeated, flagrant, or of substantial impact.

Helpful Advice for Avoiding Enforcement Actions

• Never initiate any activities in the waters of the United States without a Corps-issued Department of Army permit
• Obtaining a state permit does not obviate the need to obtain a permit from the Corps of Engineers
• Read all permit conditions, both general and specific
• Adhere to all permit conditions
• Contact the Corps for any post-permitting changes or accidental fills
• When in doubt, Call the Corps or email the Corps at SAJ-RD-Enforcement@usace.army.mil

Reporting a Potential Unauthorized Activity

The Corps relies heavily on the public to report unauthorized activities. If you suspect an unauthorized activity has occurred or is underway, you may report your observations by completing the Violation Reporting Form by selecting "Report Violations" located on the Regulatory Request System. (After clicking the link, click "I accept" to close the popup window). All reports will be sent to the appropriate office for review.

Enforcement Office Locations & Map

View Enforcement Map (PDF)

• Man Ordered to Remove Shipping Container and Floating Docks from Lake Worth Lagoon after Violating Rivers and Harbors Act
• Three Men Indicted for Environmental Crimes
• Two Men Indicted for Environmental Crimes
• Puerto Rico Man Sentenced for Destroying Wetlands
• 2 Puerto Rican Men Sentenced for Destroying Wetlands Including in the Jobos Bay National Estuarine Research Reserve
• Scavone Pleads Guilty to Violating the Rivers and Harbors Act