Companion Guide to Video August 2012

www.fhwa.dot.gov/federal-aidessentials

Local public agencies may encounter several areas 

of environmental law on a Federal-aid project. 

These areas address a project's effects on:

• The natural environment—meaning the 

air, water, and habitats for endangered 

species

• The social environment—particularly 

related to minority and low-income 

populations

• Historic sites

• Parks and recreation areas

The National Environmental Policy Act, known as 

NEPA, provides a framework for environmental 

analyses, reviews, and consultations. NEPA's 

process "umbrella" covers a project's compliance 

with all pertinent Federal environmental laws.

Agencies may recognize a need to comply with an 

environmental law under the NEPA umbrella, but 

it's the environmental law itself that is the source 

of the requirement.

One such law that is designed to restore and 

maintain the chemical, physical, and biological 

integrity of the Nation's waters is the Clean Water 

Act. The act includes the navigable waters, and 

their tributaries, wetlands, lakes, rivers, and 

streams that have an ecological connection with 

navigable waters and/or support interstate 

commerce. 

Our Nation’s waters are protected because they 

provide many functions, such as habitat for fish and 

shellfish, waterfowl and other wildlife, rare and 

endangered species, and for water quality and 

flood control.

If your project necessitates the discharge of dredged 

or fill materials into wetlands or other "waters of the 

United States,” your agency must first obtain the 

appropriate authorization from the U.S. Army Corps 

of Engineers. Depending on the complexity of the 

project and its potential for environmental effects, 

the Corps of Engineers will consider authorizing your 

project by a general or individual permit.

Environment

Other Laws and Requirements

Section 404 of the Clean Water Act

An overview of the law that serves to restore and maintain the 

integrity of the Nation's waters
Federal-aid Essentials for Local Public Agencies

General permits are a form of permit used to 

authorize specific activities determined to have no 

more than minimal impact on the aquatic 

environment.

Individual permits are required for projects 

considered large in scope or involving potentially 

conflicting issues in environmentally sensitive 

areas. Any project involving fill or potential 

adverse impacts to navigable waters requires an 

individual permit. 

The public interest is an important component of 

an individual permit evaluation process. The 

individual permit evaluation process includes 

issuance of a public notice, solicitation of 

comments from government agencies and the 

public, and a decision document describing the 

environmental impacts and the findings of the 

public review process. The Corps of Engineers 

will add any special conditions deemed 

appropriate for minimizing adverse impacts to the 

environment. All special and general conditions of 

the authorization must be followed.

The quality of your permit application, along with 

your record of accomplishment for following 

through on environmental commitments, will be 

considered during the review of your project. 

Now, let's look at some effective 

practices when applying for a permit 

as well as some resources that will 

help construct a road through an 

environmentally sensitive area.

Many activities and requirements are associated 

with obtaining a permit. You can find this 

information on the Corps of Engineers Web site. 

Most activities start with the delineation of the 

wetlands, an assessment of the function and 

service of the wetlands, and of other special 

aquatic sites potentially affected. For example, is it 

a simple drainage ditch or a high functioning and 

ecologically valued system with rare species and a 

thriving habitat? 

Boundaries are determined using methods 

discussed in the Corps of Engineers’ Wetland 

Delineation Manual and include an evaluation of 

the soil, hydrology, and plant life present at the site. 

Agencies should use either a qualified consultant or 

employees to conduct these technical studies. 

The Corps of Engineers expects permit applicants 

to take all reasonable measures to avoid or 

minimize environmental damage. Therefore, 

applicants must analyze all practical alternatives 

and consider measures to minimize the project’s 

footprint or fill material, and provide adequate 

planning and supervision during the project 

construction.

For example, applicants should control soil erosion, 

revegetate disturbed areas, relocate channels only 

during dry conditions and stabilize channels prior to 

introducing flow. Applicants should also take 

measures to minimize the spread of invasive 

species. In environments where the natural habitat 

is thriving, more avoidance and mitigation 

measures will be required in the design of the 

project.

For unavoidable impacts, the Corps of Engineers

would likely require wetland losses be restored, 

enhanced or created at another site to replace 

those wetland functions that were lost as a result of 

your project. 
Federal-aid Essentials for Local Public Agencies

To illustrate how a project sponsor 

might proceed through the permit 

application process, let’s look at a 

project that proposes to add lanes 

to a road that crosses a stream.

The project team hires an environmental 

consultant to define the stream and wetland 

boundaries and then evaluates its function and 

service. The consultant assigns them a high 

function. In her report, she describes the area as:

• Supporting an abundance and diversity of 

wildlife and aquatic life, including a 

population of trout, and 

• Providing recreational fishing 

When it becomes apparent that the agency must 

relocate the stream, it adds a hydraulic engineer 

and a fisheries biologist to the team, which begins 

an internal discussion on the practical measures 

needed to minimize impacts. In addition to using

silt barriers and screen fencing during 

construction, the plan includes:

• Upgrading the culvert to minimize 

sedimentation problems and remove any 

barriers to fish passage

• Establishing native species in the new 

stream by replanting vegetation and 

restoring fish habitat 

The team presents its proposal to the Corps of 

Engineers, which is impressed with the analysis 

and interdisciplinary approach. The Corps issues a 

general permit on the condition that the team 

commits to completing construction before fish 

spawn in late spring.

This example illustrates that several 

resources and practices are 

available to help agencies construct 

roads in environmentally sensitive 

areas. 

Items to include in your knowledge “tool box” are:

• Your agency’s storm water management 

manual that provides guidance, options, and 

tools available to protect water quality, 

enhance water availability, and reduce 

flooding potential

• Maps of wetlands, wildlife, and fish 

inventories to identify high-quality aquatic 

resources

• An inventory of proven methods for 

minimizing and mitigating impacts to aquatic 

resources

• Standard specifications that may address 

best practices for restoration in your area

• Internal controls for inspecting the project 

and ensuring your agency's follow through 

on all environmental commitments.
Federal-aid Essentials for Local Public Agencies

It is your agency’s responsibility to 

comply with the Clean Water Act 

and all other Federal and State laws 

governing water quality.

Make sure that your toolbox resources help to 

identify the wetlands in your area and provide 

proven methods for minimizing environmental 

impacts. 

Your State department of transportation can 

provide guidance to help develop approaches for 

complying with the Clean Water Act.
Federal-aid Essentials for Local Public Agencies

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• Link to U.S. Army Corps of Engineers national Web site

http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPer

mits.aspx

• Link to help you find the appropriate U.S. Army Corps of Engineers district 

regulatory Web site

http://www.usace.army.mil/LinkClick.aspx?link=http%3a%2f%2fwww.saj.usa

ce.army.mil%2fDivisions%2fRegulatory%2fHQAvatar.htm&tabid=330&mid=

1192

• FHWA’s Environmental Guidebook provides information on water quality, 

watershed, and wetlands topics

http://environment.fhwa.dot.gov/guidebook/index.asp

• FHWA Natural Environment Web page provides examples of exemplary 

endangered species and ecosystem management

http://www.fhwa.dot.gov/environment/natural.htm

• Link to Association of State Wetland Managers, which helps States and 

LPAs with wetland regulatory and management programs

http://www.aswm.org/

• EPA’s Handbook for Developing Watershed Plans to Restore and Protect 

Our Waters

http://water.epa.gov/polwaste/nps/handbook_index.cfm#contents