Jurisdictional Determinations (JDs) are tools used by the U.S. Army Corps of Engineers to help implement Section 404 of the Clean Water Act and Sections 9 and 10 of the Rivers and Harbors Act of 1899. JDs are used to determine what jurisdictional and/or non-jurisdictional features on in a specific geographical location.
Approved JDs (AJDs) are official determinations where there are, or where there are not, jurisdictional aquatic resources on a parcel. AJDs can be appealed.
Preliminary JDs (PJDs) can be used to determine that aquatic resources that exist on a parcel of land "may be" subject to regulatory jurisdiction. It cannot be used to determine either that there are no jurisdictional aquatic resources on a parcel (i.e. the entire parcel is dry land or includes non-jurisdictional aquatic resources), or that only a portion of the aquatic resources on a parcel are jurisdictional can be requested in order to move ahead expeditiously to obtain a Corps permit authorization where the requester determines that it is in his or her best interest to do so. PJDs cannot be appealed, but the applicant can request an AJD.
Jurisdictional Determination Guidance (Regulatory Guidance Letter 16-01 (RGL 16-01))
Request for AJD Form (Appendix 1)
Request for PJD Form (Appendix 2)
AJD/PJD Questions & Ans
JD Quick Reference Chart
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