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Requesting a JD

Request Form with Instructions

Mail Request To:

U.S. Army Corps of Engineers, New Orleans District

CEMVN-OD-SS, Rm 271 
7400 Leake Avenue
New Orleans, Louisiana 70118-3651

OR

Email request to:

cemvn.wetland.request@usace.army.mil

OR

If message and attachment is larger than 20 MB, upload your documents through the Safe Access File Exchange site at: https://safe.amrdec.army.mil/safe/   Just make sure you put the recipient e-mail address as cemvn.wetland.request@usace.army.mil

 

WHAT TO INCLUDE IN YOUR E-MAIL

1. Subject Line: "JD request".

2. Attach your completed Request Form, a map, such as a survey plat, that shows the limits of the area being requested, and a vicinity map showing the outlined property in relation to intersections, roads, and other features visible on aerial photography.

3. Files should be in pdf format (Program is free at: https://get.adobe.com/reader/)

4. Additional information pertinent to the site may also be attached at this time. Please refer to the back of the Request Form for additional information.

5. If you are using the "Safe Access File Exchange", a separate email message is not required. The service will provide a message that you have submitted a request.

 

OVERVIEW OF JURISDICTIONAL DETERMINATION (JD)

The geographic jurisdiction of the Rivers and Harbors Act of 1899 includes all navigable waters of the United States which are defined (33 CFR Part 329) as, "those waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in the past, or may be susceptible to use to transport interstate or foreign commerce." This jurisdiction extends seaward to include all ocean waters within a zone three nautical miles from the coast line (the "territorial seas"). Limited authorities extend across the outer continental shelf for artificial islands, installations and other devices (see 43 U.S.C. 333 (e)). Activities requiring Section 10 permits include structures (e.g., piers, wharfs, breakwaters, bulkheads, jetties, weirs, transmission lines) and work such as dredging or disposal of dredged material, or excavation, filling, or other modifications to the navigable waters of the United States.

The Clean Water Act uses the term "navigable waters" which is defined (Section 502(7)) as "waters of the United States, including the territorial seas. " Thus, Section 404 jurisdiction is defined as encompassing Section 10 waters plus their tributaries and adjacent wetlands and isolated waters where the use, degradation or destruction of such waters could affect interstate or foreign commerce.