It requires landowners or developers to obtain permits from the U.S. Army Corps of Engineers to carry out activities involving disposal of dredged or fill material into navigable waters of the United States, including wetlands. EPA provides environmental guidance on permitting and can veto a permit, based on environmental impacts. Controversy has grown over the extent of federal jurisdiction, burdens and delay of permit procedures, and roles of federal agencies and states in the permitting process. Views on each of these issues vary. Many conservationists contend that statutory changes that have been proposed would weaken wetlands protection and that more modest administrative reforms would effectively improve the current program.
Many landowners say that changes are needed to make the regulatory program workable again.
In the 104th Congress, House-passed H.R. 961 would have significantly amended Section 404. It contained several provisions that contributed greatly to controversy over and opposition to that bill. Management of Nonpoint Source Pollution. Surveys by states and EPA report that polluted runoff from agriculture and city streets and storm sewers is the leading cause of water quality impairment in the United States. Because the sources of nonpoint pollution are diverse, as are the geographic areas it affects, it is generally agreed that management solutions are best if they are tailored to local conditions, not dictated through national rules and regulations.