Guide to the Dredge or Fill Permit Program

This guide describes the Dredge or Fill Program under Section 404 of the Clean Water Act (Federal Water Pollution Control Act, as amended, 33 U.S.C. s1344). Section 404 regulates the discharge of dredged or fill materials into the waters of the United States, including wetlands adjacent to such waters (see Chapter II, Definitions). The program is administered by both the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (COE), which has primary responsibility for the permit program. Under amendments contained in the Clean Water Act of 1977 (CWA), EPA is authorized to oversee transfer of specified parts of the program to interested States with eligible State-level programs. (Authority not transferred to the States in this way remains with the COE.) The purpose of this guide is to present an overview of the program. A description of the history, scope, and general requirements of Section 404, of the operation of the COE permit program, and of the mechanisms for transfer and operations of State-level programs are followed by a guide to effective citizen involvement in the entire process. Whether you are seeking a permit under Section 404, attempting to establish a 404 program in your State, or merely interested in learning more about the program, this guide can provide you with most of the basic information you'll need to achieve your goal.