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Corps of Engineers Issues Regulatory Guidance Letter 08-02 on Jurisdictional Determinations

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Categorized Under: Environment



On June 26, 2008, the U.S. Army Corps of Engineers (Corps) released Regulatory Guidance Letter (RGL) No. 08-02, which provides information on the subject of approved and preliminary jurisdictional determinations (JDs) for Section 404 of the Clean Water Act and Sections 9 and 10 of the Rivers and Harbors Act. RGL No. 08-02 is intended to clarify differences between an "approved" JD and a "preliminary" JD when the Corps is evaluating whether it has jurisdiction for wetland delineation reports and permitting processes. This RGL has also been referred to as the "opt-in" or "conceding jurisdiction" RGL because the guidance clarifies the suitability for use of both JD types, and it may save time in the Corps' reviewing and permitting process. This article summarizes the main differences between approved and preliminary JDs and provides guidance on appropriate timing for their use.

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Published: Nov 3, 2008

Jonathan Foster

Source: ICF International

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