Jurisdictional Determination definition

Jurisdictional Determination. (JD) means a written decision by the Department that waters of
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Jurisdictional Determination. (JD) means a written decision by the Department that waters of this state subject to regulation and authorization requirements of OAR 141-085, 141-089, 141-0100 and 141-0102 are present or not present on a land parcelwithin a study area. The JD may include a delineation of the geographic boundaries of the water area subject to state jurisdiction. For example, a JD may include the location of a wetland boundary or the location of the ordinary high water line (ordinary high water mark) of a waterway. A JD may, but does not necessarily, include a determination that a particular activity in a water of this state is subject to authorization requirements. The decision record includes the basis of the jurisdictional determination and is a final order subject to reconsideration according to the provisions in 141-090-0050.¶
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Jurisdictional Determination. A Jurisdictional Determination (JD) will be required for all wetlands identified on-site. The US Army Corps of Engineers (USACE) takes jurisdiction over Waters of the U.S. under Section 404 of the Clean Water Act (Act). Jurisdictional areas covered by the Act are navigable waterways, tributaries to navigable Xxxxxxxxx, Xxxx & Assoc., Inc. 7/7/2011 waterways, and wetlands adjacent thereto. All wetlands that are not under USACE jurisdiction are considered isolated and fall under the jurisdiction of the XxXxxxx County Stormwater Development Ordinance. BLA will request a JD from the USACE regarding any on-site wetlands. Non- jurisdictional wetlands do not require a USACE permit to be impacted, however, a permit from XxXxxxx County Department of Planning and Development will be required for impacting wetlands and riparian zone. Soil Coordination: BLA will review the soils report and draft limits of any contaminants on the profile exhibits. The subconsultant will prepare the pavement design based on the soil results.
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Examples of Jurisdictional Determination in a sentence

  • Army Corps of Engineers early in the preliminary phase of the project to obtain a Jurisdictional Determination.

  • If a Jurisdictional Determination was submitted to the Corps, a copy of the Corps’ Jurisdictional Determination must be included as an exhibit.

  • Forms may include but are not limited to the United States Army Corps of Engineers (USACE) “Wetland Determination Data Form – Atlantic and Gulf Coastal Plain Region”; the USACE “Approved Jurisdictional Determination Form”; Uniform Mitigation Assessment Method forms and/or project specific data forms.

  • Once complete, this delineation should be verified by the Corps of Engineers through the Jurisdictional Determination process.

  • A United State Army Corps of Engineers (USACE) Jurisdictional Determination letter and map designating any wetlands are required before an application for final approval is accepted for all Major Subdivisions and Special Use Residential Commercial Developments.

  • Plats shall depict the Wetlands as submitted to the Corps of Engineers on Preliminary Plat plans and as identified on an United States Army Corps of Engineers (USACE) Jurisdictional Determination letter and map on Final Plat plans submitted for approval.

  • An Expanded Preliminary Jurisdictional Determination issued by USACE is required if the proposed development will disturb wetlands or other jurisdictional waters.

  • Schedule 3—Prescribed authorities and persons—subsection 130(3A) of the Act (regulation 27) Part 1—Interpretation of Schedule 1.

  • For purposes of computation of impacts and compensatory mitigation requirements, a permit decision made on the basis of a PJD will treat all waters and wetlands in the review area as if they are jurisdictional waters of the U.S. PJDs are advisory in nature and may not be appealed.Approved Jurisdictional Determination.

  • For all projects that identify jurisdictional wetlands on the site, regardless of whether the wetlands are proposed to be disturbed, DCA will require evidence that an Expanded Preliminary Jurisdictional Determination has been requested from USACE.


More Definitions of Jurisdictional Determination

Jurisdictional Determination means a written Corps determination that awetland (as determined and defined by a wetland delineation) and/orwaterbody is subject to regulatoryjurisdiction under section 404 of the Clean Water Act or a written Corps determination that a waterbody issubject to regulatory jurisdiction under sections 9 and 10 of the Rivers andHarbors Act of 1899. Additionally, the term includes a written reverification of expired jurisdictional determinationsand a written reverification ofjurisdictional determinations wherenew information has become available that may affect the previous writtendetermination. For example, suchgeographic jurisdictional determinations may include, but are not limited to, one or more of the following determinations: presence/absence of wetlands, wetland/ upland boundary, ordinary high watermark, mean high water mark, high tide line, interstate commerce nexus for isolated waters, and adjacency ofwetlands to a waterbody. Alljurisdictional determinations will be in writing and will be identified as either preliminary or final jurisdictionaldeterminations. Some office, or preliminary, jurisdictionaldeterminations are provided toapplicants or landowners, generally to indicate the presence or absence ofwetlands or waterbodies. They are advisory in nature and may not be appealed. Final jurisdictionaldeterminations will be provided inwriting and will be certified as a finaljurisdictional determination and may be appealed.
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Jurisdictional Determination means a determination as to whether a wetland is jurisdictional and is a water of the U.S. and is subject to regulation pursuant to the federal Clean Water Act. (provided by the United States Army Corps of Engineers)
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Related to Jurisdictional Determination

  • Final Determination means the final resolution of liability for any Tax for any taxable period, by or as a result of (i) a final and unappealable decision, judgment, decree or other order by any court of competent jurisdiction; (ii) a final settlement with the IRS, a closing agreement or accepted offer in compromise under section 7121 or section 7122 of the Code, or a comparable agreement under the laws of other jurisdictions, which resolves the entire Tax liability for any taxable period; (iii) any allowance of a refund or credit in respect of an overpayment of Tax, but only after the expiration of all periods during which such refund may be recovered by the jurisdiction imposing the Tax; or (iv) any other final disposition, including by reason of the expiration of the applicable statute of limitations.

  • Jurisdiction means a province or territory of Canada except when used in the term foreign jurisdiction;

  • Reviewing Authority means the Alberta Securities Commission.

  • Governing authority means the local legislative authority

  • Authority Having Jurisdiction means a federal, state, local, or other regional department, or an individual such as a fire marshal, building official, electrical inspector, utility provider or other individual having statutory authority.

  • Court of competent jurisdiction means a federal court, or a state court that entered an order in a child custody proceeding involving an Indian child, as long as the state court had proper subject matter jurisdiction in accordance with this chapter and the laws of that state, or a tribal court that had or has exclusive or concurrent jurisdiction pursuant to 25 U.S.C. Sec. 1911.

  • Initial determination means the first child custody determination concerning a particular child.

  • Pertinent Jurisdiction in relation to a company, means:

  • Final Determination Date means the following:

  • Awarding Authority means a subordinate or component entity or person of the City (such as a City department or Board of Commissioners) that has the authority to enter into a contract or agreement for the provision of goods or services on behalf of the City of Los Angeles.

  • Adjudicating Authority or “NCLT” shall mean the Hon’ble Mumbai Bench of the National Company Law Tribunal;

  • Appeal authority means the executive authority of the municipality or any other body or institution outside of the municipality authorised by that municipality to assume the obligations of an appeal authority for purposes of appeals lodged in terms of the Act;

  • Franchising Authority means any Governmental Authority authorized by any federal, state or local law to grant a Franchise or to exercise jurisdiction over the rates or services provided by a cable television system pursuant to a Franchise or over Persons holding a Franchise.

  • Participating Jurisdiction means a jurisdiction with which an agreement is in place pursuant to which it will provide the information required on the automatic exchange of financial account information set out in the Common Reporting Standard.

  • Assessing Authority means the assessing authority constituted under this Act;

  • Relevant Taxing Jurisdiction shall have the meaning specified in Section 4.07(a).

  • Local jurisdiction means the jurisdiction in which the Canadian securities regulatory authority is situate;

  • Appeals Tribunal or “AT” means the Body responsible for hearing and determining appeals set out in section 9;

  • Arbitration organization means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or administers an arbitration proceeding or is involved in the appointment of an arbitrator.

  • Authority or Housing Authority (HA means the Housing Authority.

  • Appeal Tribunal means the all-citizen Tribunal duly appointed by Council to conduct hearings under this By-law; (191-08)

  • Accounting Authority means the Board of PRASA;

  • Controlling Authority means the Minister administering the Tasmanian State Service Act 1984.

  • Independent Safeguarding Authority is a non-departmental public body sponsored by the Home Office set up under the provisions of the Safeguarding Vulnerable Groups Act 2006 and which is responsible for the decision making and maintenance of two lists covering the children’s and vulnerable adults’ sectors

  • Competent means the ability of an offeror to satisfy the requirements of the solicitation. This determination is based on a comprehensive assessment of each offeror's proposal including consideration of the specific areas of evaluation criteria in the relative order of importance described in the solicitation.

  • Court means the Supreme Court of British Columbia;