6 Aug 2024

Tools and Technical Guidelines for Delineating the Extent of Tidal Waters: Proof of Concept

Abstract: The delineation of shorelines in tidally influenced waters, as well as the inland extent of tidal influence of those waters, is often used to define the extent of federal and/or state jurisdictional boundaries, including the US Army Corps of Engineers’ (USACE) limits of jurisdiction under the Rivers and Harbors Act of 1899 (RHA) and Section 404 of the Clean Water Act. At present, USACE and other practitioners use a variety of field observations and desktop-based data sets, tools, and techniques to identify and delineate the lateral and longitudinal extent of USACE’s jurisdiction under the RHA for tidally influenced waters. Tidal waters, and thus federal jurisdiction under the RHA, “end where the rise and fall of the water surface can no longer be practically measured in a predictable rhythm.” However, the technical standards, definitions, and data to delineate tidal extent are also lacking. The uncertainty and ambiguity in what constitute tidal extent increases litigation risk and decreases repeatability and technical defensibility of USACE decisions. Nationally applicable technical guidance and rapid tools and techniques are needed to increase defensibility and consistency across all coastal USACE districts while also accelerating USACE Regulatory decision-making.