Kentucky -- The Regulatory Division of the U.S. Army Corps of Engineers Louisville District is responsible for administering the Regulatory Program in the majority of Indiana and Kentucky, the southeastern portion of Illinois, and the Ohio River to southwestern Ohio. The Regulatory Division evaluates permit applications for essentially all work that occurs in “waters of the United States” that are regulated by USACE 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 USACE 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 USACE. 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 piers, docks, marinas, fleeting areas, boat ramps, roads, 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 Louisville 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.
We are dedicated to providing strong protection of the Nation’s aquatic environment, including wetlands, to enhance the efficiency of USACE's administration of its regulatory program, and to ensuring that USACE provides the regulated public with fair and reasonable decisions.
Recent regulation changes: There have been several substantial regulation changes in the past 12-18 months, which have required significant time for staff to be trained and for certain regulatory processes to be modified. These process changes have resulted in additional workload/staff time, which has also resulted in a longer response time for Regulatory staff.
Please note that early coordination makes the process easier for you! By contacting the Corps of Engineers early in your planning, we can help guide you and understand your project’s needs and identify potential challenges. This will help us to work towards the appropriate authorization in as timely a manner as possible. Pre-application meetings are encouraged, particularly for larger projects.
We appreciate your patience and understanding, as we work through these challenges to help you get the authorization you need to complete your project.
Permit applicants are required to describe how they will avoid, minimize, and compensate for impacts to waters of the United States. Unavoidable impacts may require compensatory mitigation to help offset the loss of functions and services. Typically, compensatory mitigation will be required for permanent jurisdictional wetland losses greater than 0.1 acre. Compensatory mitigation for jurisdictional stream or other aquatic resource impacts will be determined on a case-by-case basis.
Regional General Permits: These are for small specialized projects that are regionally available.
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