Administrative Appeals

The administrative appeal process enables an affected party to appeal certain USACE decisions with which they disagree while potentially avoiding the cost or delay of court litigation.

Decisions that can be appealed:

• Denied individual permits
• Proffered individual permits
• Approved jurisdictional determinations

These appealable decisions are most commonly made by USACE district offices, and requests for appeal of these 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 from the date of the appealable decision. When an appeal is accepted, a site visit, 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 for the Great Lakes and Ohio River Division
• Administrative Appeal Regulation​ - 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)

Appendices 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