Understand the Role of USACE in Rock Creek Watershed
U.S. Army Corps of Engineers – Regulatory Role
The U.S. Army Corps of Engineers (St. Louis District) oversees federal permits for work in and along Rock Creek and other streams and adjacent wetlands. When new channel changes are proposed along a creek, the Corps reviews the plans under Section 404 of the Clean Water Act (and, where applicable, Section 10 of the Rivers and Harbors Act) to regulate the placement of fill, dredged or material in “waters of the United States.” Their review helps ensure that activities designed to minimize impacts to the stream, and provide any required mitigation for lost stream or wetland functions.
In practice, this means that many projects that reshape a creek, encroach into a jurisdictional waterway or wetland must obtain a Corps permit, in addition to county approvals.
How do I engage with the US Army Corps of Engineers?
Find clear guidance on working with USACE for permits, regulations, and environmental compliance within Rock Creek Watershed.
What types of projects require USACE permits?
Discharge of fill or dredged material, (stone, concrete, culverts, gravel, earthen material etc.) into the Waters of the United States (WOTUS) which commonly includes outfalls, road crossings, utility crossings, bank stabilization and gravel harvesting activities.
Permitting regulations at Code of Federal Regulations 33 CFR 323.
Designing a Stream Crossing
General Guidelines for Stream Crossings Regional Condition 1 PDF Download
Stream Type Definitions
Perennial Stream: has flowing water year-round during a typical year. The water table is located above the stream bed for most of the year. Groundwater is the primary source of water for stream flow. Runoff from rainfall is a supplemental source of water for stream flow.
Ephemeral Stream: has flowing water only during, and for a short duration after, precipitation events in a typical year.
Intermittent Stream: has flowing water during certain times of the year, when groundwater provides water for stream flow. During dry periods, intermittent streams may not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow.
Are there construction activities in streams that don’t require
USACE permits?
Some activities such as hand removal off woody debris
don’t require a permit. Some emergency repair and agricultural activities may be exempted. Exemptions also exist for maintaining existing structures like dams, levees, and transportation features, but modifications to original designs usually require permits. Full description at Code of Federal Regulations 33 CFR 323.4. Contact the
Corps if you have questions. Other local and state requirements may still apply.
Does the USACE regulate floodplains?
No, the floodplain is regulated by the State, County and local governments. In the Rock Creek watershed Jefferson County is the regulatory authority for floodplain
development.
Who can I contact for help with USACE permits?
Reach out to the local USACE field office for guidance and support.
https://www.mvs.usace.army.mil/Missions/Regulatory/
Navigating USACE
Regulations with Confidence
Understanding USACE’s Regulatory Role
Learn how the U.S. Army Corps of Engineers oversees creeks and wetlands and what that means for your property.
Approvals From Others
Development proposals are often first approved by local governments. The applicant is responsible for obtaining the appropriate permits and for meeting other local, state, and federal laws.
Other approvals projects commonly need:.
- Local ordinances of Jefferson County
- Local Planning and Zoning Approvals by Jefferson County
- Floodplain Approvals by Jefferson County
- No Rise Certification in floodway
- Floodplain Development Permit in flood zones
- Land Disturbance Permits – local government or state agency by Jefferson County or MDNR
- Clean Water Act Section 404 permit (if applicable) – US Army Corps of Engineers
Clean Water Act Homepage
The EPA delegates different sections of the Clean Water Act to different agencies. These programs are complementary to support the laws’ mission of protecting clean water.