Section 404 of the Clean Water Act requires approval prior to discharging dredged or fill material into waters of the United States, including wetlands. Typical projects that may include activities that require Section 404 permits are:

• Discharge of dredged or fill material.
• Residential, commercial, or recreational developments.
• Erosion control projects such as revetments, jettys, groins, and breakwaters.
• Flood control projects such as levees, dams, and weirs.
• Fish and wildlife habitat improvement projects such as instream boulders and ponds.
• Linear projects such as roads, pipelines, electrical cables, and, telecommunication cables.

Any person or entity (including federal, state, and local government agencies) planning to work in waters of the United States, or dump or place dredged or fill material in waters of the United States, must first obtain a permit from the U.S. Army Corps of Engineers. Permits, licenses, variances, or similar authorization may also be required by other federal, state and local statutes.

The term "waters of the United States" has been broadly defined by statute, regulation, and judicial interpretation to include all waters that were, are, or could be used in interstate commerce such as interstate lakes and rivers as well as intrastate lakes, rivers, streams, mudflats, wetlands, sloughs, prairie potholes, playa lakes, and ponds.

"Wetlands" are areas characterized by growth of wetland vegetation (bulrush, cattails, rushes, sedges, willows, pickleweed/glasswort, etc.) where the soil is saturated during a portion of the growing season, or the surface is flooded during some part of most years. Wetlands generally include swamps, marshes, bogs, and similar areas.

The landward regulatory limit for waters (in the absence of adjacent wetlands) is the ordinary high water mark. The ordinary high water mark is the line on the shores established by the fluctuations of water and indicated by physical characteristics such as:

• a clear natural erosion line impressed on the bank;
• changes in the character of the soil;
• destruction of terrestrial vegetation due to inundation;
• the presence of litter and debris;
• stain marks on rocks or bridge piers;
• or other appropriate means that consider flow characteristics of the stream.

Nationwide permits are generally the simplest form authorization for categories of activities that are similar in nature and that have minor environmental impacts. These permits are valid only if the proposed activities comply with all the terms and conditions of the permit, including any regional conditions. If the conditions cannot be met, a regional or individual permit is required. Detailed descriptions of the nationwide permits can be found from the home page. 

Regional General permits are issued by the District Engineer for categories of activities when:

• the activities are similar in nature and cause minimal environmental impact (both individually and cumulatively), and
• the permit reduces duplication of regulatory control by other State and Federal agencies.

A Standard Individual Permit is required for activities having more than minimal impacts and/or for activities that do not qualify for a NWP or RGP. SPs are issued following a full public interest review of an individual application for a Department of the Army permit. A 30-day public notice will be issued to allow federal, state and local agencies, adjacent property owners and the general public an opportunity to review and comment on the plan or to request a public hearing. After evaluating all comments and information received and completing any required consultations, a final decision on the application is made. The permit decision is generally based on the outcome of a public interest balancing process where the benefits of the project are balanced against the detriments. A permit cannot be issued if the proposal is found to be contrary to the public interest.

Processing time usually takes approx. 120 days unless a public hearing or Environmental Impact Statement is required.

A Letter of Permission is a type of Individual Permit issued through a more streamlined process. Letters of Permission are typically for activities subject to Section 10 of the Rivers and Harbors Act only. Individual Corps districts may develop Letter of Permissions applicable for work subject to Section 404 of the Clean Water Act after coordinating with state and federal agencies and allowing the opportunity for public comment.

A letter of permission may be issued for projects where proposed work would be minor, would not have significant individual or cumulative impacts on environmental values, and isn’t expected to encounter appreciable opposition. These types of projects usually include minor dredging and construction, maintenance, or replacement of piers, mooring buoys, piles, or floats. Compliance reviews under Section 7 of the Endangered Species Act and Section 106 of the National Historic Preservation Act still apply for a letter of permission.

The understanding and support of the American people is vital to the success of this program. To protect our nation's water resources and assure their use and enjoyment for future generations, we must all join this vital effort. We ask your help in "passing the word" to others concerning the permit requirements and solicit your views and comments on better ways of attaining the goals of this program.