A jurisdictional determination is an agency decision or process addressing whether a feature or activity falls within its regulatory authority.
Definition
A jurisdictional determination, or JD, addresses whether a specific feature or activity falls within an agency's authority under an applicable program. The agency and governing process determine the type of review, information needed, and effect of the result. A review may rely on maps, field observations, technical reports, and project information. A firm's work may include screening, delineation, documentation, or agency coordination, but a consultant's analysis is distinct from an agency decision. Owners should confirm what question is being asked, which authority is involved, and what the determination does and does not cover before setting schedule and scope. A JD is not a permit, and a decision under one program does not necessarily resolve requirements under other federal, state, or local programs. The EPA provides information on environmental programs relevant to agency review.
How owners use it
- Owners clarify whether the scope includes a consultant's assessment, an agency submission, or support through a decision.
- Project managers track the information needed for review and identify which features or activities the request covers.
- A project submits 3 features for review, and 1 is withdrawn; 3 - 1 = 2 features remain in the request.
- Teams account for the determination process when comparing alternatives that may affect regulated resources.
