Introduction to 404 Permits
What is a
404 Permit?
What Work
Requires a Permit?
Who
Should Obtain a Permit?
What are Waters of
the United States?
Types of
Permits (Nationwide, Regional, Individual Permits)
Pre-Application
Consultation
You Can Help
For additional information or to
apply for a permit, please contact
US Army Corps of Engineers
Denver Regulatory Office
9307 South Wadsworth Blvd.
Littleton, CO 80128-6901
Ph: 303-979-4120
Fx: 303-979-0602
What is a 404 Permit?
The
Clean Water Act was passed by the US Congress in 1977 to protect the physical, biological, and chemical quality
of waters of the US.
Section 404 of the Clean Water Act requires a permit to place any fill material
in the nation's rivers, streams, ponds, lakes and wetlands. The
permits evaluate and balance the need for the fill material with the
need to protect the waters.
The Section
404 program is administered by the
US Army Corps of Engineers and
Environmental Protection Agency.
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What
Work Requires a 404 Permit?
Section 404 of the Clean Water Act
requires a permit to place any
fill material
in the nation's rivers, streams, ponds, lakes and wetlands. Typical
activities requiring Section 404 permits include the following in any
waters of the US including wetlands:
-
Construction of roads or paths
- Foundations or amenities for
residential, commercial, or recreational developments
- Construction of ponds, dams, dikes
or weirs
- Placement of riprap and
channel protection
- Laying
utility pipes or lines
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Who
Should Obtain a Permit?
Any person, firm, or agency
(including Federal, state, and local government agencies) planning to
work in waters of the United States, or dump or place fill material in
waters of the United States, must first obtain a permit from the Corps
of Engineers.
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What
are Waters of the United States?
Waters of the United States includes
essentially all surface waters such as rivers, streams and their
tributaries, all wetlands
adjacent to these waters, and all ponds, lakes and reservoirs.
Wetlands
are areas with wetland vegetation (cattails, rushes, sedges, willows,
etc.) where the
soil is saturated or flooded during a significant portion of the year during most years. Wetlands generally include
swamps, marshes, bogs, and similar areas.
All work in
waters within the ordinary
high water mark
require a permit. 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 line impressed
on the bank
- shelving
- changes in the character of
the soil
- wetland
vegetation
- the presence of litter and
debris
- other appropriate means that
consider the characteristics of the surrounding areas
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Types of Permits
The Denver Regulatory Office
essentially issues three kinds of Section 404 permits:
-
Nationwide Permits:
Generally the simplest permits that authorize categories of activities
nationwide.
-
Regional General Permits: Another relatively simple permit
that authorizes activities with regional similarities.
-
Individual Permits: Individual permits are issued following a full public
interest review of an individual application for a Department of the
Army permit. A public notice is distributed to all known interested
persons. After evaluating all comments and information received,
final decision on the application is made.
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Pre-Application
Consultation
You are encouraged to contact the
Corps of Engineers for proposed work in waters of the US.
Permit
requirements will be reviewed, including the need for a permit,
exemption to permits and type of permit. By discussing all
information prior to application submittal, your application will be
processed more efficiently.
An official determination as to the
need for a Department of the Army permit will be provided upon request.
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You
Can Help
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. Your comments, questions, and
suggestions should be directed to the Denver Regulatory Office or any
U.S. Army Corps of Engineers Regulatory Office.
For additional information or to
apply for a permit, please contact
US Army Corps of Engineers
Denver Regulatory Office
9307 South Wadsworth Blvd.
Littleton, CO 80128-6901
Ph: 303-979-4120
Fx: 303-979-0602
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