33 CFR 331.2 - Definitions

Cite as33 CFR 331.2
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47 practice notes
  • The Navigable Waters Protection Rule: Definition of “Waters of the United States”
    • United States
    • Army, Corps Of Engineers Department
    • Invalid date
    ...the 2019 Rule. An AJD is a document issued by the Corps stating the presence or absence of waters of the United States on a parcel. See 33 CFR 331.2. As a matter of policy, AJDs are valid for a period of five years from the date of issuance unless new information warrants revision before th......
  • United States v. Sweeney, 2:17-cv-00112-KJM-KJN
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • September 1, 2020
    ...of waters of the United States on a parcel" and provide a map "identifying the limits of waters of the United States on a parcel." 33 C.F.R. § 331.2 (definitional provision); see also U.S. Army Corps of Eng'rs. v. Hawkes Co. , ––– U.S. ––––, 136 S. Ct. 1807, 1812, 195 L.Ed.2d 77 (2016). Suc......
  • Hawkes Co. v. U.S. Army Corps of Eng'rs, No. 13–3067.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • April 10, 2015
    ...nexus” to the Red River. See 33 C.F.R. §§ 320.1(a)(6), 325.9. Appellants responded by filing a timely administrative appeal. See 33 C.F.R. §§ 331.2, 331.3, 331.6.In October 2012, the Corps' Deputy Commanding General for Civil and Emergency Operations sustained the appeal, concluding after d......
  • Defenders of Wildlife v. Tuggle, No. CV 08-280 TUC DCB.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. District of Arizona
    • March 31, 2009
    ...regulations require affected parties to solicit the Corps' official position about the scope of the agency's regulatory jurisdiction, 33 C.F.R. § 331.2, so the decision delimits the stopping point of the decisionmaking process for issuance and review of jurisdictional determinations. Fairba......
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33 cases
  • United States v. Sweeney, 2:17-cv-00112-KJM-KJN
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • September 1, 2020
    ...of the United States on a parcel" and provide a map "identifying the limits of waters of the United States on a parcel." 33 C.F.R. § 331.2 (definitional provision); see also U.S. Army Corps of Eng'rs. v. Hawkes Co. , ––– U.S. ––––, 136 S. Ct. 1807, 1812, 195 L.Ed.2d 77 (2016)......
  • Defenders of Wildlife v. Tuggle, No. CV 08-280 TUC DCB.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. District of Arizona
    • March 31, 2009
    ...regulations require affected parties to solicit the Corps' official position about the scope of the agency's regulatory jurisdiction, 33 C.F.R. § 331.2, so the decision delimits the stopping point of the decisionmaking process for issuance and review of jurisdictional determinations. Fairba......
  • Belle Co. v. U.S. Army Corps of Eng'rs, No. 13–30262.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • July 30, 2014
    ...process. A JD is “a written Corps determination that a wetland and/or waterbody is subject to regulatory jurisdiction under” the CWA. 33 C.F.R. § 331.2. Once a JD has proceeded through the administrative appeal process, the final JD is not subject to further formal review by the agency. See......
  • Sawtooth Mountain Ranch LLC v. United States, Case No. 1:19-cv-0118-CWD
    • United States
    • U.S. District Court — District of Idaho
    • June 30, 2020
    ..."jurisdictional determination" (JD) whether particular property contains "waters of the United States."Page 35 33 C.F.R. § 331.2. A JD may be either "preliminary," advising a property owner that such waters "may" be present, or "approved," d......
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4 firm's commentaries
  • Supreme Court Provides for Judicial Review of Army Corps Determinations
    • United States
    • Mondaq United States
    • June 2, 2016
    ...08-02 (June 26, 2008). Under the Corps' regulations, preliminary JDs are non-binding and advisory in nature and cannot be appealed, see 33 C.F.R. § 331.2, while approved JDs "constitute a Corps final agency action" and can be administratively appealed, 33 C.F.R. §§ 320.1(a)(6), 33......
  • Supreme Court Provides for Judicial Review of Army Corps Determinations
    • United States
    • JD Supra United States
    • June 2, 2016
    ...08-02 (June 26, 2008). Under the Corps' regulations, preliminary JDs are non-binding and advisory in nature and cannot be appealed, see 33 C.F.R. § 331.2, while approved JDs “constitute a Corps final agency action” and can be administratively appealed, 33 C.F.R. §§ 320.1(a)(6), 331.2. Appro......
  • Corps Issues New Guidance on Issuance of Jurisdictional Determinations
    • United States
    • LexBlog United States
    • November 29, 2016
    ...parcel is subject to jurisdiction under Section 404 of the Clean Water Act (“CWA”) or Section 10 of the Rivers and Harbors Act (RHA). 33 C.F.R. § 331.2. RGL 16-01 was adopted in response to the U.S. Supreme Court’s unanimous holding in U.S. Army Corps of Engineers v. Hawkes, confirming land......
  • Ninth Circuit Holds Assertion of Jurisdiction By USACE Not a Reviewable Agency Decision
    • United States
    • LexBlog United States
    • January 20, 2009
    ...decision making on that issue can occur. Notably, JDs do not include determinations that a particular activity requires a permit. (33 C.F.R. § 331.2). An approved JD informs applicants that the USACE is asserting that the property contains waters of the United States. If the applicant choos......
3 books & journal articles
  • Regulation of Wetlands and Waters of the United States
    • United States
    • Wetlands Law: A Course Source. Second Edition
    • June 13, 2017
    ...is non-binding, cannot be appealed, and can be used only to indicate that there may be wetlands or waters on a piece of property. See 33 C.F.R. § 331.2. It cannot be used to indicate that wetlands or waters are not present. See RGL 08-02, § 8. Landowners might seek preliminary jurisdictiona......
  • Administrative Appeals, Judicial Review and Enforcement
    • United States
    • Wetlands Law: A Course Source. Second Edition
    • June 13, 2017
    ...the applicant has declined to accept because he has objections to the terms and conditions of the permit ( a declined permit ). See 33 C.F.R. § 331.2 . Consequently, a preliminary jurisdictional determination, in which the Corps indicates that there may be jurisdictional waters on a parcel ......
  • Water Law Basics for Real Estate Practitioners, 1115 COBJ, 2015, November, Pg. 63
    • United States
    • Colorado Bar Journal Nbr. 44-11, December 2015
    • November 1, 2015
    ...(Servitudes) § 4.8(3) (2000)). [93] 93 Lazy Dog Ranch v. Telluray Ranch Corp., 965 P.2d 1229, 1238 (Colo. 1998). [94] 94 33 CFR § 331.2 ("Corps [makes] determination that a wetland and/or waterbody is subject to regulatory jurisdiction under Section 404 of the Clean Wate......
6 provisions
  • The Navigable Waters Protection Rule: Definition of “Waters of the United States”
    • United States
    • Army, Corps Of Engineers Department
    • Invalid date
    ...the 2019 Rule. An AJD is a document issued by the Corps stating the presence or absence of waters of the United States on a parcel. See 33 CFR 331.2. As a matter of policy, AJDs are valid for a period of five years from the date of issuance unless new information warrants revision before th......
  • Revised Definition of “Waters of the United States”
    • United States
    • Army, Corps Of Engineers Department,Defense Department
    • Invalid date
    ...this document, but such decisions are not approved jurisdictional determinations as defined and governed by the Corps regulations at 33 CFR 331.2. --------------------------------------------------------------------------- In addition to the past three presidential Administrations, courts h......
  • of September 21, 1999),
    • United States
    • Federal Register October 01, 1999
    • October 1, 1999
    ...second transmittal of the permit shall include a notification of appeal (NAP) form and a request for appeal (RFA) form (see definitions in 33 CFR 331.2). If the applicant subsequently declines any modified or unmodified permit, this declined permit may be appealed to the division engineer u......
  • Administrative appeal process,
    • United States
    • Federal Register March 09, 1999
    • March 9, 1999
    ...second transmittal of the permit shall include a notification of appeal (NAP) form and a request for appeal (RFA) form (see definitions in 33 CFR 331.2). If the applicant subsequently declines any modified or unmodified permit, this declined permit may be appealed to the division engineer u......
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