Unftad St*M Environmental Protection Agency Office of Water (WH-556F), Office of Wetlands. Oceans, and Watersheds (A-104 F) EPA843-F-93-001I March 1993 WETLANDS FACT SHEET # 20 Clean Water Act § 404(f) Exemptions Section 404 of the dean Water Act (Act) production are also exempt. To find out whether requires permits for the discharge of dredged or specific activities are exempt, contact the local fill material into waters of the United States, Corps or EPA office including wetlands. Exemptions Section 404(f) of the Act generally ex- empts discharges of dredged or fill material associated with normal farming, ranching, and forestry activities such as plowing, cultivating, minor drainage, and harvesting for the produc- tion of food, fiber, and forest products or upland soil and water conservation practices. This ex- emption pertains to normal fanning and har- vesting activities that are part of an established, ongoing farming or forestry operation. Activities Not Exempt If an activity involving a discharge of dredged or fill material represents a new use of the wetland, and the activity would result in a reduction in reach or impairment of flow or circula- tion of regulated waters, including wetlands, the activity is not exempt. Both conditions must be met in order for the activity to be considered non-exempt Examples Activities that bring a wetland into farm production where that wetland has not previ- ously been used for farming are not considered part of an established operation, and therefore are not exempt In general, any discharge of dredged or fiu material associated with an activ- ity that converts a wetland to upland is not exempt, and requires a Section 404 permit. However, introduction of a new cultiva- tion technique such as discing between crop rows for weed control may be a new farming activity, but because the farm operation is ongo- ing, the activity is exempt from permit require- ments under Section 404. Planting different crops as part of an established rotation, such as soybeans to rice, is exempt Discharges associ- ated with ongoing rotations of rice and crawfish Activities Exempt Under the Clean Water Act Section 404 (f) Established (ongoing) normal fanning, ranching, and forestry activities: • plowing - seeding - cultivating • harvesting food, fiber, and forest products - minor drainage -upland soil and water conservation practices Maintenance (but not construction) of drainage ditches Construction and maintenance of irrigation ditches Construction and maintenance of farm or stock ponds Construction andmaintenance of farm or forest roads, in accordance with best management practices Maintenance of structures, such as dams, dikes/ and levees I The publication "Agriculture and Wetlands: A Compilation of Factsheets" can be requested free of charge from the EPA Wetlands Hotline. iculture Wetlands For more information, contact the EPA Wetlands Hotline at 1-800-832-7828 * •contractor operated ------- |