Kansas Regulatory Program

2710 NE Shady Creek Access Road | El Dorado, KS | 67042 | Ph: 316-322-8247
Kanopolis Regulatory Satellite Office | 107 Riverside Drive | Marquette, KS | 67464 | Ph: 316-322-8247

Email: Regulatory.KansasCity@usace.army.mil

Resources

Wetland permit application illustration
Submit applications, request jurisdictional determinations, request pre-application meetings, track status, learn about the Regulatory Program, and more!

The Regulatory Request System allows you to submit applications, request jurisdictional determinations, request pre-application meetings, track status, learn about the Regulatory Program, and more.

The U.S. Army Corps of Engineers, Northwestern Division's comprehensive Regulatory Program spans 11 states in the Pacific Northwest, North Central and Central U.S., operating through its five districts: Kansas City, Omaha, Portland, Seattle, and Walla Walla.

Thousands of permits are issued annually, balancing efforts to protect the nation’s aquatic ecosystems with responsible development, providing fair, balanced, and timely decisions while maintaining the chemical, physical, and biological integrity of waters of the United States. The Regulatory Program is rooted in one of the federal government’s earliest laws to protect the navigable capacity of the nation’s waters. The program's evolution includes gaining in scope, complexity, and authority in response to shifting public needs, court rulings, and legislation.

U.S. Army Corps of Engineers: Evaluates permit applications, conducts public notices, applies environmental guidelines, and issues or denies permits for activities in navigable waters, for the discharge of dredged or fill material into waters of the U.S., including wetlands, and for the transport and disposal of dredged material in the ocean. These waters and wetlands may include aquatic resources such as ocean and tidal waters, rivers, streams, and certain wetlands. Individuals uncertain about the status of waters on their property may request a jurisdictional determination.

  • Under Section 10 of the Rivers and Harbors Act of 1899, a USACE permit is required for work or structures in, over, or under "navigable waters of the United States." Navigable waters of the United States typically include larger rivers, larger freshwater lakes, tidal waters, and the ocean.
  • Under 1972 amendments to the Clean Water Act, "waters of the United States" were placed under federal jurisdiction, and Section 404 of the Clean Water Act requires a USACE permit for the discharge of dredged or fill material into "waters of the United States." Waters of the United States including the larger navigable waters of the United States and also include smaller streams and adjacent wetlands.
  • Under Section 103 of the Marine Protection, Research, and Sanctuaries Act, USACE regulates the transport and disposal of dredged material at designated ocean sites.

Environmental Protection Agency (EPA): Develops the environmental criteria (such as the 404(b)(1) guidelines), holds the power to veto or prohibit specific disposal sites, and oversees overall compliance. 

Mitigation Information

The overall objective of the Clean Water Act (CWA) is "to restore and maintain the chemical, physical, and biological integrity of the Nation's waters." To achieve this goal, the CWA prohibits the discharge of dredged or fill material into wetlands, streams, and other waters of the United States unless a permit is issued by the U.S. Army Corps of Engineers. During the permit review process, the applicant must demonstrate that he or she has avoided and minimized impacts to aquatic resources to the maximum extent practicable. For any remaining unavoidable impacts, compensatory mitigation is usually required to replace the loss of wetland, stream, and/or other aquatic resource functions. The Corps is responsible for determining the appropriate form and amount of compensatory mitigation that may be required. Methods of providing compensatory mitigation include aquatic resource restoration, establishment, enhancement, and in certain circumstances, preservation.

In accordance with the Final Compensatory Mitigation Rule, the applicant is required to provide a "Mitigation Statement" with any application stating how he or she intends to compensate for the loss of aquatic functions or why compensatory mitigation should not be required. As the development and implementation of a compensatory mitigation project can be beyond the capability of many applicants, the Final Compensatory Mitigation Rule expresses a preference for first, obtaining mitigation credits from an established mitigation bank; second, purchasing credits from an approved in In-Lieu-Fee program; and lastly, by providing permittee responsible mitigation.


Final Compensatory Mitigation Rule

State Specific Mitigation Information
Colorado Missouri North Dakota Washington
Idaho Montana Oregon Wyoming
Kansas Nebraska South Dakota  

Regulatory in Lieu Fee and Bank Information Tracking System (RIBITS)

RIBITS was developed by the U.S. Army Corps of Engineers to track mitigation banking and in-lieu fee (ILF) program activities across the United States. RIBITS includes information regarding banks and ILF program sites, associated documents, mitigation credit availability, service areas, and policies and procedures that affect bank and ILF program development and operation.

With support from the U. S. Environmental Protection Agency, U. S. Fish and Wildlife Service, NOAA-National Marine Fisheries Service (NOAA-NMFS), and Federal Highway Administration, RIBITS has grown to include conservation banking and multi-agency banking activities. Support from the U. S. Department of Agriculture allows RIBITS to track water-quality trading activities in multiple states, with pilot projects in the states of Virginia and Iowa, and additional support from NOAA-NMFS allows RIBITS to track credits for restoration banks recognized under Natural Resource Damage Assessment statutes.