Under the CWA, discharges of dredged or fill material to wetlands and other waters of the United States are generally prohibited except where authorized by a Section 404 permit issued by the Corps, or by a state approved to administer the permit program. Section 404 and other permit review processes are not aimed at preventing development but instead are designed to avoid unacceptable adverse environmental impacts and, to the extent adverse impacts cannot be avoided, ensure they are appropriately minimized or compensated. In addition to applicable Section 404 requirements, any person who discharges or proposes to discharge from a point source must apply for and obtain a permit before discharging. Amendments to the Clean Water Act established a two-phased approach to addressing storm water discharges. Phase II of the storm water program is under development and will address storm water discharges from certain small municipal separate storm water systems and construction sites.
Wetlands are among the most environmentally beneficial habitats in the nation.
Wetlands include marshes, swamps, bogs, and similar areas that develop between open water and dry land. Wetlands have specific water regimes and harbor unique soils and plants that provide food and habitat for fish and wildlife. These precious natural resources also provide the public with recreational opportunities and aesthetic pleasures. In addition, wetlands serve many ecological functions such as water purification, erosion control, flood control, and water recharge during droughts and dry weather. The unyielding destruction of wetlands currently occurring may result in increased property flooding for downstream landowners, water quality impairment, loss of wildlife, and negative effects on recreational and commercial fisheries.