Section 404 Permits

Legislation:

• 1970 Clean Water Act

Regulations:

• 23 CFR 777

FHWA Policy and Guidance:

• Agreement for the Implementation of Scour Countermeasures to Protect Foundations of Scour Critical Bridges, February 11, 1997
• Discussion of Nationwide Permits, 33 CFR Part 330, Final Rule, Vol. 61, No. 241, December 13, 1996
  (PDF File Size 456 K)
• Update on Current Regulations and Guidance Affecting Wetlands Management and Regulatory Compliance Procedures, January 24, 1996
• ACTION: Regional Agreements on NEPA and Section 404 Merger, November 6, 1995
  (PDF File Size 65 K)
• Concerning Red Book Usage, May 1, 1992
  (PDF File Size 167 K)
• Agricultural Exemption from the Section 404 Permit Process, May 21, 1990
  (PDF File Size 550 K)
• Applying the Section 404 Permit Process to Federal-Aid Highway Projects, February 3, 1989
  (PDF File Size 114 K)
• Nationwide Section 404 Permit for FHWA Categorical Exclusions, December 24, 1987
  (PDF File Size 126 K)
• Memorandum of Agreement (MOA) Between the Corps of Engineers and Federal Environmental Resource Agencies, June 10, 1986
  (PDF File Size 98 K)
• MOA with Department of Interior, November 8, 1985
  (PDF File Size 457 K)
• MOA with Department of Commerce, March 25, 1986
  (PDF File Size 489 K)
• Mitigation Required by the U.S. Fish and Wildlife Service through the Section 404 Permit Process, March 23, 1985
  (PDF File Size 259 K)
• Corps of Engineers Section 404 Permits, December 12, 1984
  (PDF File Size 480 K)

Other Guidance and Information:

• Concerning Federal Enforcement for the Section 404 Program of the Clean Water Act, January 19, 1989
• Determination of the Geographic Jurisdiction of the Section 404 Program and the Application of the Exemptions under Section 404(f) of the Clean Water Act, January 19, 1989

For more information, visit the EPA website on Wetlands for information on related definitions, facts, and protection activities. Also visit the USACE's nationwide permit program for information on the evaluation and approval process for activities that have only minimal impacts to the aquatic environment.