Tulsa District Regulatory Permits for Public Comment

PURPOSE:  The purpose of these public notices are to inform you of a proposal for work in which you might be interested and to solicit your comments and information to better enable us to make a reasonable decision on factors affecting the public interest.

SECTION 10: The U.S. Army Corps of Engineers is directed by Congress through Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403) to regulate all work or structures in or affecting the course, condition, or capacity of navigable waters of the United States.  The intent of this law is to protect the navigable capacity of waters important to interstate commerce.

SECTION 404: The U.S. Army Corps of Engineers is directed by Congress through Section 404 of the Clean Water Act (33 USC 1344) to regulate the discharges of dredged and fill material into all waters of the United States.  These waters include lakes, rivers, streams, mudflats, sandflats, sloughs, wet meadows, natural ponds, and wetlands adjacent to other waters.  The intent of the law is to protect these waters from the indiscriminate discharge of material capable of causing pollution and to restore and maintain their chemical, physical, and biological integrity.

U.S. Army Corps of Engineers, Tulsa District

Regulatory Office, Chief



Special Public Notice - 2017 Nationwide Permit Regional Conditions for the State of Texas

Published April 3, 2017
Expiration date: 5/31/2017

 On January 6, 2017, the U.S. Army Corps of Engineers (Corps) published notice in the Federal Register announcing the reissuance of Nationwide Permits (NWPs), general conditions, and definitions with some modifications. The NWPs became effective on March 19, 2017, and will expire on March 18, 2022. On March 28, 2017, the Southwestern Division Engineer approved regional conditions for the NWPs in Texas. These conditions apply to all activities authorized by NWPs. Regional conditions provide additional protections for the aquatic environment by ensuring that the NWPs authorize only those activities with minimal adverse effects on the aquatic environment. The Tulsa District has posted the regional conditions for NWPs issued in Texas on our Regulatory webpage at:


On March 6, 2017, the Texas Commission on Environmental Quality (TCEQ) issued conditioned water quality certifications (WQC) for all NWPs with the exception of NWP 16 which the Southwestern Division Engineer considered denied due to unenforceability. Applicants seeking authorization under NWP 16 will be required to obtain individual WQC. On March 7, 2017, the Texas General Land Office issued their Coastal Zone Management Act (CZMA) consistency determinations. WQC by the Railroad Commission of Texas has been waived due to a lack of response to Corps coordination efforts.

The Southwestern Division Engineer also removed a proposed Fort Worth District regional condition that would have required pre-construction notification (PCN) for projects involving discharges for the construction of water intake structures under NWP 12. This proposed regional condition will be announced in an upcoming Public Notice and will be coordinated for evaluation statewide in Texas.