Section 404 Permits

Learn about the cwa section 404 permit program.

Section 404 permits. 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. Section 404 defined usace which is separated into regional divisions and then divided into districts within those divisions must issue a section 404 permit to authorize the placement of fill material into waters of the united states. In general section 404 of the clean water act requires permits for the discharge of dredged or fill material into waters of the united states including wetlands.

The army corps of engineers issues permits that are needed for any work including construction and dredging in the nation s navigable waters. However certain activities are exempt from permit requirements under section 404 f 1. Activities exempt under the clean water act section 404 f 1.

A section 404 permit is required if the proposed activity will involve a jurisdictional act dredging or filling in a jurisdictional area a water of the united states.