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Regulatory Appeals

The Corps of Engineers has an administrative appeal process that enables an affected party to appeal certain Corps decisions with which they disagree while potentially avoiding the cost/delay of court litigation. Decisions which can be appealed include denied individual permits, proffered individual permits, and approved jurisdictional determinations. These appealable decisions are most commonly made by Corps district offices, and requests for appeal of such decisions are submitted to the next higher authority, most commonly the Corps division offices. It is the policy of the Corps of Engineers to promote and maintain an administrative appeal process that is independent, objective, fair, prompt, and efficient. 

Requests for appeal must be received by the division office within 60 days of the date of the appealable decision. Where an appeal is accepted, a site visit and/or an appeal conference or meeting may be conducted. The division engineer will make a determination on the merits of the appeal based on a review of the district’s administrative record, and either confirm the district’s initial decision or remand the decision to the district for reconsideration. The Division Engineer will make a final decision on the merits of the appeal at the earliest practicable time.

Appeal Decisions, Regulations, Forms & Flowcharts

Administrative Appeal Decisions : Summarized administrative appeals received in the Southwestern Division

Below are links to the Division’s appeal regulations, forms, and flow charts.

Administrative Appeal Regulation: Complete text of the Federal Register, Part III dated Tuesday, March 28, 2000

Appeal Form: Form describing rights and options regarding administrative appeals.

Regulatory Guidance Letter 06-01: Determining the Timeliness of Request for Appeal (RFA)

The following Appendices are included in the Administrative Appeal regulation and provide flowcharts of the following;

Appendix A: Administrative Appeal Process for Permit Denials and Proffered Permits

Appendix B: Applicant Options with Initial Proffered Permit

Appendix C: Administrative Appeal Process for Approved Jurisdictional Determinations

Appendix D: Process for Unacceptable Request for Appeal

 

Contact Us

SWD Regulatory: 

469-487-7061

469-487-7037

Video Modules

Below are a series of informational videos designed to educate potential appellants on the Regulatory Appeal process. These videos will help an appellant quickly understand what the appeal program is and what information is needed for the review of a request for appeal.