unnea
Environmental Protaction
Agency
Offica of Wetlands, Ocaans,
and Watersheds (A-104 F)
March 1993
WETLAN DS FACT SH EET # 7
Clean Water Act §404: Overview
Section 404 of the Clean Water Act estab-
lishes a program to regulate the discharge of
dredged and fill material into waters of the United
States, including wetlands. Activities in waters
that are typically regulated under Section 404
include fills for development, water resource
projects (e.g., dams and levees), infrastructure
development (e.g., highways and airports), and
conversion of wetlands to uplands for farming
and forestry.
Since its enactment by Congress in 1972, Sec-
tion 404 of the Clean Water Act (33 U.S.C. § 1344)
has evolved through a series of statutory amend-
ments, regulatory changes and key court deci-
sions into the primary Federal regulatory pro-
gram providing protection for the Nation's re-
maining wetlands. EPA and the Army Corps of
Engineers (Corps) jointly administer the Section
404 program. In addition, the US. Fish and
ARMY CORPS OF ENGINEERS:
• day-to-day program administration
(e.g. including individual permit decisions
and jurisdictional determinations)
• development of policy and guidance
• enforcement
ENVIRONMENTAL PROTECTION AGENCY
• develop and interpret the environmental criteria
used in evaluating permit applications
(i-e., the Section 404(b)(l) Guidelines)
• determine the scope of geographic jurisdiction
• approve and oversee State assumption
of the program's administrative responsibilities
• identify activities that are exempt under §404(0
• review and comment on individual permit appli-
cations
• §404(c) authority to veto Corps' permit decisions
• §404(q) case specific elevation
• enforcement
Wildlife Service, the National Marine Fisheries
Service, and State resource agencies have impor-
tant advisory roles.
The basic premise of the Section 404 program
is that no discharge of dredged or fill material can
be permitted if there is a practicable alternative
that is less damaging to the aquatic environment
or if the discharge would result in significant
degradation of our Nation's waters.
An applicant must demonstrate that
steps nave been taken to avoid wet-
land impacts where it is practicable.
In addition, applicants are required to minimize
potential impacts to wetlands, and finally to pro-
vide compensation for any remaining unavoid-
able impacts through wetland restoration or cre-
ation activities.
For projects involving potentially significant
impacts, authorization must usually be sought
through an "individual permit" review process.
However, for the great majority of discharges, i.e.,
those activities that will have only minimal ad-
verse environmental effects, authorization is of-
ten granted up-front through "general permits."
General permits may be issued by the Corps on a
nationwide, regional or State basis for particular
categories of activities (e.g., minor road crossings,
utility line backfill, and bedding) as a means of
expediting the permitting process. Moreover,
Section 404(f) exempts other activities from regu-
lation under Section 404, including many on-go-
ing farming, ranching and silviculture practices.
FOR MORE INFORMATION: "call the-EPA Wetlands Hotline* at 1-800-832-7828
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