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Regulatory Appeals

The Corps of Engineers has an administrative appeal process whereby applicants and landowners may appeal denied permits, declined proffered permits, or approved jurisdictional determinations… decisions that are made at the district level.  The requests for an appeal of such decisions are appealed to the Corps Division offices.  Requests for appeal must be received by the Division office within 60 days of the date of the appealable decision.  An appeal conference or meeting may be conducted during the appeal process.  A decision on the merits of the appeal based on the administrative record is normally made in 90 days.  The Division Engineer will either uphold the District’s decision, or remand the decision to the District with instructions that the District must follow as they reconsider and make a new decision.  Finally, the appeal process enables applicants the opportunity to appeal a district’s decision while potentially avoiding the cost/delay of court litigation. 

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


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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.