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As part of its Clean Water Act § 404 Permit Program, the Army Corps of Engineers regulates certain activities in “waters of the United States,” a regulatory term that includes wetlands. To determine the extent of its jurisdiction, the Corps makes an official confirmation of the geographic boundaries of waters and wetlands on a given property and whether those waters and wetlands are regulated under the Clean Water Act. This confirmation is called an approved “Jurisdictional Determination” (JD).
An approved JD is a written document issued by the Corps, and one that can be relied on by the landowner to determine what areas of the property can and cannot be disturbed without obtaining a 404 permit from the Corps. It remains valid for a period of five years, unless new information warrants revision of the determination before the expiration date or a District Engineer identifies specific geographic areas that