To request an Approved Jurisdictional Determination (AJD), Wetland Delineation (ARDR), or Preliminary Jurisdictional Determination (PJD), please see the Apply for a permit or JD link to the right!
Preliminary JDs are non-binding ''written indications that there may be waters of the United States, including wetlands, on a parcel or indications of the approximate location(s) of waters of the United States or wetlands on a parcel. Preliminary JDs are advisory in nature and may not be appealed." (See 33 CFR 331.2)
Appropriate uses of a preliminary JD would include: efforts that require initial real estate planning; projects with temporary impacts; projects with minor placement of dredged or fill material in waters of the US; docks; marinas; and/or other work subject to only RHA jurisdiction. With respect to permitting, interested parties can submit a request for a preliminary JD, a Pre-construction Notification, and engineering drawings that illustrate the magnitude of impacts to waters of the US at the project site or within the review area. A preliminary JD is "preliminary" in the sense that a recipient of a preliminary JD can later request and obtain an approved JD if that later becomes necessary or appropriate during the permit process or during the administrative appeal process.
Savannah District will not accept a request for a preliminary JD for actions which are regulated pursuant to sections of the CWA program which are administered by other Federal or state agencies (e.g., Section 402, 303, or 311). In such circumstances, the Savannah District will decline to perform the JD and instead refer the person who requested it to the Federal or state agency responsible for administering the program.
On April 21, 2020, the Environmental Protection Agency (EPA) and the Department of the Army’s Navigable Waters Protection Rule: Definition of “Waters of the United States” was published in the Federal Register. This final rule establishes the scope of federal regulatory authority under the Clean Water Act. The Navigable Waters Protection Rule includes four simple categories of jurisdictional waters and provides specific exclusions for many water features that traditionally have not been regulated. The final rule will become effective on June 22, 2020. The published version is 93 pages, and the citation is: 85 FR 22250. The Federal Register notice is available at https://www.federalregister.gov/documents/2020/04/21/2020-02500/the-navigable-waters-protection-rule-definition-of-waters-of-the-united-states . Additional information about the rule can be found on the EPA’s website at https://www.epa.gov/nwpr .
Corps Headquarters has posted an announcement for the publication of the rule on our Regulatory webpage, at the following locations: