What activity requires a permit under Section 404 of the Clean Water Act?

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.

How are wetlands regulated under Section 404 of the Clean Water Act?

Manual for Defining Wetlands Section 404 requires a permit from the Corps or authorized state for the discharge of dredged or fill material into the waters of the United States, including wetlands. With this approach, an area that meets all three criteria is considered a wetland.

How does the Clean Water Act affect farmers?

In fact, the Clean Water Rule had very little effect on farmers. That’s because the original 1972 Clean Water Act regulates discharges from “point sources,” but exempts most agricultural discharges, relieving farmers of the need for permits for runoff from their land.

What is the Clean Air and Water Act?

The Clean Water Act (CWA) establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters.

Who can be exempt from the Clean Water Act?

The Clean Water Act exempts from the Section 404 program discharges associated with normal farming, ranching, and forestry activities such as plowing, cultivating, minor drainage, and harvesting for the production of food, fiber, and forest products, or upland soil and water conservation practices (Section 404(f)(1)(A …

What agencies have authority for CWA section 404?

While EPA administers the bulk of the CWA, the Corps is responsible for implementing the section 404 permitting program. However, EPA retains some authority to oversee and regulate certain aspects of the program. The following is a general overview of each agency’s responsibilities under section 404 of the CWA.

What are the qualities of a healthy wetland?

Wetland health or condition can be determined by observing the wetland’s structure (its parts) and function (what it’s doing). Examples of wetland structure include: water quality, soil condition, geology, hydrology, topography, morphology, carrying capacity, species composition, food web support, and nutrient content.

Why farmers and ranchers think the EPA clean water rule goes too far?

They fear EPA will use vague language in the rule to expand its power to regulate these features and change the way they are currently operated. They also fear becoming targets for citizen-initiated lawsuits, which are allowed under the Clean Water Act.

What do you need to know about Section 404 permitting?

including wetlands.

How effective is the Clean Water Act?

The strategy embodied in the Clean Water Act has proven remarkably successful . The amount of pollution discharged by both municipal and industrial facilities has fallen sharply, the loss of wetlands has been cut by 90 percent, and water quality has broadly improved across the entire nation.

What is a section 404 permit?

A Section 404 permit is required for activities such as fill for development, water resource projects, mining projects, and infrastructure development.

Do I need a 404 permit?

You do not generally need a permit under Section 404 if your discharges of dredged or fill material are associated with normal farming, ranching, or silviculture activities such as plowing, cultivating, minor drainage, and harvesting for the production of food, fiber, and forest products or upland soil and water conservation practices.