Electronic Submissions for Request for Appeals

Due to COVID-19 precautions, the South Pacific Division is requesting all incoming regulatory appeal correspondence be submitted electronically to Thomas.J.Cavanaugh@usace.army.mil.

 

The Division Office is fully operational in a virtual environment and staff is available via email and phone. We apologize for any inconvenience this may cause. If electronic submission is not possible, or if you have any questions or concerns related to the appeal program, please contact Tom Cavanaugh, Administrative Appeal Review Officer, at Thomas.J.Cavanaugh@usace.army.mil or at 415-503-6574.

 

 

Regulatory Appeals 

The Corps of Engineers has an administrative appeal process whereby applicants and landowners may appeal denied permits, issued permits that contain requirements that are unacceptable to the applicant, or jurisdictional determinations. These decisions are made by Corps District offices. The request for an appeal of such decisions, are appealed to the Corps Division offices. Requests for appeal must be furnished to the Division office within 60 days of the date of the appealable decision. A site visit or 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 will either uphold the District decision or remand the decision to the District, with specific instructions on how to correct any procedural error that was prejudicial to the appellant (i.e., that was not a "harmless" procedural error), or to reconsider the decision where any essential part of the decision was not supported by accurate or sufficient information, or analysis, in the administrative record.

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.  

Regulations and  Flowcharts

Administrative Appeal Regulation - Complete text of the Federal Register.

    APPENDIX A - Flowchart of the Administrative Appeal Process for Permit Denials and Proffered Permits

    APPENDIX B - Flowchart for Applicant Options with Initial Proffered Permit

    APPENDIX C - Flowchart of the Administrative Appeal Process for Approved Jurisdictional Determinations

    APPENDIX D - Flowchart Process for Unacceptable Request for Appeal

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

Administrative Appeals in Other Divisions

Lakes and Rivers Division

Mississippi Valley Division

North Atlantic Division

Northwestern Division

Pacific Ocean Division

South Atlantic Division

Southwestern Division