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They are adjacent to a navigable waterway: Wetlands that are adjacent to a navigable waterway, such as a river, lake, or ocean, are considered jurisdictional. The USACE defines adjacent as being directly connected to a navigable waterway or having a significant nexus to it.
What is a jurisdictional determination?
A Jurisdictional Determination (JD) is a two step process of 1) identifying and locating aquatic resources (including wetlands) on a property, which is referred to as a Delineation, and 2) determining whether those areas are regulated by the U.S. Army Corps of Engineers under section 404 of the Clean Water Act and/or
How long does it take to get an approved jurisdictional determination?
While the RGL states that the Corps is committed to finalizing both preliminary and approved JDs within 60 days of submittal, factors such as Corps work load and complexity of the aquatic resource delineation may delay a decision from the Corps.
What is the difference between approved JD and preliminary JD?
A preliminary JD is preliminary in the sense that a recipient of a preliminary JD can later request and obtain an approved JD if that later becomes necessary or appropriate during the permit process or during the administrative appeal process.
What is an approved jurisdictional determination?
BACKGROUND. An Approved Jurisdictional Determination (AJD) is a Corps document stating the presence or absence of waters of the United States on a parcel or a written statement and map identifying the limits of waters of the United States on a parcel.
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This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION. A.
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