Jurisdictional Determinations

March 2023 - The final "Revised Definition of 'Waters of the United States'" rule (2023 Rule) was published in the Federal Register on January 18, 2023, and took effect on March 20, 2023.  More information about the 2023 Rule is available on EPA’s WOTUS website (https://www.epa.gov/wotus).

A jurisdictional determination (JD) is the process of identifying waters of the United States, including streams and wetlands, regulated by the Corps of Engineers under Section 404 of the Clean Water Act within a given project area.  A JD for potential wetland areas requires the use of the 1987 Corps of Engineers Wetland Delineation Manual (1987 Manual) along with the applicable Regional Supplement to the 1987 Manual.  Jurisdictional wetlands require evidence of hydrophytic vegetation (plants that can grow in saturated soil), hydric soils (soils that develop their specific characteristics due to frequent inundation), and hydrology (water supply to the area).  A JD for streams requires identifying streams and other topographic features that have the potential to convey water downstream, ultimately to a navigable waterway.   A JD report detailing the findings of a field investigation prepared by the applicant (or their agent) should be submitted to the Corps of Engineers for verification.  It is necessary for a JD to be verified by the Corps prior to evaluating its associated Section 404 permit application.


Traditionally Navigable Waters