Although not required for our permit process, you may request a jurisdictional determination (JD) from the Corps to verify the presence or absence of waters of the U. S. on your project site. If requested, we can proceed in one of two ways. You may request either a preliminary or approved jurisdictional determination as explained below:
Preliminary Jurisdictional Determination: A preliminary JD (PJD) is a written indication that waters on the property may be waters of the United States. Such waters will be treated as jurisdictional waters of the U.S. for purposes of evaluating project impacts. While a PJD is not appealable, the applicant can, at any time, request an approved JD for the site. The PJD may be used if the applicant wants to document Corps jurisdiction without further delay.
Approved Jurisdictional Determination: An applicant may request an approved JD (AJD), which is an official determination regarding the presence or absence of waters of the U.S. If an AJD is requested, please be aware that we may have to conduct a site visit and require the submittal of additional information. Depending on our determination, we may have to coordinate with the U.S. Environmental Protection Agency and Corps Headquarters on our findings before making an official determination. An AJD is appealable and is most often requested when an applicant questions the Corps’ jurisdiction or the boundaries of jurisdictional waters.
If you would like to request a jurisdictional determination, please complete this Request Form (page 5 of Regulatory Guidance Letter 16-01) and return to your assigned project manager at the Corps. Please be sure to include your Corps Reference Number on the form.