T

he basic premise of the program is that no

discharge of dredged or fill material may

be permitted if: (1) a practicable alternative

exists that is less damaging to the aquatic

environment or (2) the nation’s waters would be

significantly degraded. In other words, when

you apply for a permit, you must show that you

have, to the extent practicable:

l Taken steps to avoid wetland impacts;

l Minimized potential impacts on wetlands;

and

l Provided compensation for any remaining

unavoidable impacts.

Proposed activities are regulated through a

permit review process. An individual permit is

required for potentially significant impacts.

Individual permits are reviewed by the U.S. Army

Corps of Engineers, which evaluates applications

under a public interest review, as well as the

environmental criteria set forth in the CWA

Section 404(b)(1) Guidelines. However, for

most discharges that will have only minimal

adverse effects, a general permit may be suitable.

General permits are issued on a nationwide,

regional, or State basis for particular categories

of activities. The general permit process

eliminates individual review and allows certain

activities to proceed with little or no delay,

provided that the general or specific conditions

for the general permit are met. For example,

Regulatory Requirements

Section 404 of the Clean Water Act (CWA) establishes a program to regulate the

discharge of dredged or fill material into waters of the United States, including

wetlands. Activities in waters of the United States regulated under this program

include fill for development, water resource projects (such as dams and levees),

infrastructure development (such as highways and airports) and mining projects.

Section 404 requires a permit before dredged or fill material may be discharged

into waters of the United States, unless the activity is exempt from Section 404

regulation (e.g. certain farming and forestry activities).

minor road activities, utility line backfill, and

bedding are activities that can be considered for

a general permit. States also have a role in

Section 404 decisions, through State program

general permits, water quality certification, or

program assumption.

Agency Roles and Responsibilities

The roles and responsibilities of the Federal

resource agencies differ in scope.

U.S. Army Corps of Engineers:

l Administers day-to-day program, including

individual and general permit decisions;

l Conducts or verifies jurisdictional

determinations;

l Develops policy and guidance; and

l Enforces Section 404 provisions.

U.S. Environmental Protection Agency:

l Develops and interprets policy, guidance

and environmental criteria used in

evaluating permit applications;

l Determines scope of geographic jurisdiction

and applicability of exemptions;

l Approves and oversees State and Tribal

assumption;

l Reviews and comments on individual

permit applications;

l Has authority to prohibit, deny, or restrict

the use of any defined area as a disposal site

(Section 404(c));

l Can elevate specific cases (Section 404(q));

l Enforces Section 404 provisions.

Wetlands

subject to Clean

Water Act

Section 404 are

defined as

“areas that are

inundated or

saturated by

surface or

ground water at

a frequency and

duration

sufficient to

support, and

that under

normal

circumstances

do support, a

prevalence of

vegetation

typically

adapted for life

in saturated soil

conditions.

Wetlands

generally

include

swamps,

marshes, bogs,

and similar

areas.”

Striped bass
The Wetland Fact Sheet Series

Wetlands Overview Functions and Values of Wetlands

Types of Wetlands Teaching About Wetlands

Threats to Wetlands Wetland Regulatory Authority

Wetland Restoration Wetlands Compensatory Mitigation

Funding Wetland Projects Benefits of Wetland Monitoring

For more information, call EPA’s Wetlands Helpline at 1-800-832-7828

U.S. Fish and Wildlife Service and National

Marine Fisheries Service:

l Evaluates impacts on fish and wildlife of all

new Federal projects and Federally

permitted projects, including projects

subject to the requirements of Section 404

(pursuant to the Fish and Wildlife

Coordination Act); and

l Elevates specific cases or policy issues

pursuant to Section 404(q).

Manual for Identifying Wetlands

The U.S. EPA and U.S. Army Corps of Engineers

use the 1987 Corps of Engineers Wetlands

Delineation Manual to identify wetlands for the

CWA Section 404 permit program. The 1987

manual organizes the environmental

characteristics of a potential wetland into three

categories: soils, vegetation, and hydrology. The

manual contains criteria for each category. Using

this approach, an area that meets all three criteria is considered a

wetland.

Wetlands on Agricultural Lands

Farmers who own or manage wetlands are directly affected by two

important Federal programs—Section 404 of the CWA and the

Swampbuster provision of the Food Security Act. The

Swampbuster provision withholds certain

Federal farm program benefits from

farmers who convert or modify

wetlands. The U.S. EPA, U.S.

Army Corps of Engineers, U.S.

Department of Agriculture,

and U.S. Fish and Wildlife

Service have established procedures

to ensure consistency between the programs.

Many normal farming practices are exempt from Section 404.

On the Internet

EPA’s Wetlands Website .................................................................................... www.epa.gov/owow/wetlands/regs/

Section 404 of the Clean Water Act ........................................................................... www.epa.gov/owow/wetlands/laws/

Wetland Delineation Manual ....................................................................... www.wes.army.mil/el/wetlands/wlpubs.html

U.S. Army Corps of Engineers Regulatory Program.............................. www.usace.army.mil/inet/functions/cw/cecwo/reg/

U.S. Army Corps of Engineers’ Waterways

Experiment Station Environmental Laboratory ......................................... www.wes.army.mil/el/wetlands/wetlands.html

Environmental Law Institute ....................................................................................................................... www.eli.org

In Print

America’s Wetlands: Our Vital Link Between Land and Water. For a copy, order from EPA’s publications web site at http://

yosemite.epa.gov/water/owrccatalog.nsf or call the EPA Wetlands Helpline at 1-800-832-7828.

Wetlands Deskbook, 2nd Edition, Margaret N. Strand. Available from the Environmental Law Institute. Call 1-800-433-

5120; fax your request to (202) 939-3868; or e-mail to orders@eli.org.

Our National Wetland Heritage: A Protection Guide, 2nd Edition, Jon A. Kusler, Ph.D., Executive Director, Association of

State Wetland Managers. Available from the Environmental Law Institute. Call 1-800-433-5120; fax your request to

(202) 939-3868; or e-mail to orders@eli.org.

EPA843-F-04-001

Office of Water

Water lilies