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. 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.

Appeal Decisions

Administrative Appeals Received: Summarized administrative appeals received in the Mississippi Valley Division

Helpful Documents

Below are links to the Division's regulations, forms, and flow charts associated with the regulatory appeals program.

Administrative Appeal Regulation: Complete text of the Federal Register, Part III dated Tuesday, March 28, 2000
Regulatory Guidance Letter 06-01: Determining the Timeliness of Request for Appeal (RFA)
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

For general information regarding the U.S. Army Corps of Engineers Administrative Appeals process, you may contact:

Brian Oberlies
Mississippi Valley Division Regulatory Appeals Review Officer
Phone: (601) 634-5820