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Jurisdictional Determinations (JD)
A jurisdictional determination is a decision by the Army Corps of Engineers as
to whether areas on your property are regulated under federal statutes. A federally-regulated wetland, lake, pond
or stream is called a "waters of the U.S."
To request a jurisdictional determination, you will need to fill out and submit the Request for A Jurisdictional Determination Form.
Please include a map, and a copy of the plat of survey or an aerial photograph identifying the boundaries of the
property.
Federal Regulations
The Corps of Engineers asserts jurisdiction over waters and wetlands of the United States under two federal statutes
1) Section 404 of the Clean Water Act, and 2) Section 10 of the Rivers and Harbors Act of 1899. Determination of
jurisdiction is affected by current
guidance and rulings.
Wetland Delineations
If the Corps has determined there are "waters of the U.S." on a project site, you may be required to
submit a wetland delineation showing the boundaries and describing the aquatic resources before a permit is issued
from our office. The District maintains a list of consultants
and consulting firms that perform wetland delineations.
Wetland delineations should be performed using our recommended Delineation
Standards, using the appropriate
Regional Supplement to the Corps Delineation Manual
to the 1987
Corps of Engineers Wetland Delineation Manual.
Isolated Wetlands
If your project site contains potential isolated wetlands and/or wetlands subject to significant nexus determination,
please submit an electronic copy of your complete submittal. As required by the Supreme Court Rapanos Guidance,
we are required to provide copies of completed
jurisdictional determination forms to USEPA
for their 30-day review process. Your assistance with providing information in electronic format will expedite
our jurisdictional determination process.
Additional Information
Additionally, we post our determinations of jurisdiction and no jurisdiction monthly. We also provide a list of Section
10 Navigable Waterways and their jurisdictional determinations on our website.
You may assume federal-jurisdiction over waters on your property and proceed with a permit application to our office. If you are in need of assistance,
please contact our office at 312-846-5530.
Jurisdictional Determinations expire after five years.
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