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 'contractor operated ^ Printed on Recycled Paper ------- |