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 (proffered permit), or approved jurisdictional determinations made by Corps District offices. The appeal of such decisions are made to Corps Division offices. Requests for appeal must be received by 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. A decision on the merits of the appeal based on the administrative record is normally made in 90 days. The Division will either uphold the District decision or send the case back to the District, with direction, to make a new decision.
This program also provides for less formal options for applicants to request reconsideration of an initial proffered permit, or an approved jurisdictional determination where the applicant has new information not considered in the original review. Actions that go through this reconsideration process may still be appealed through the formal process.