Section 404 of the Clean Water Act
Section 404 of
the Clean Water Act requires authorization from the Secretary of the Army,
acting through the Corps of Engineers, for the discharge of dredged or fill
material into all waters of the United States, including wetlands, both adjacent
and isolated. Discharges of fill material generally include, without limitation:
placement of fill that is necessary for the construction of any structure, or
impoundment requiring rock, sand, dirt, or other material for its construction;
site-development fills for recreational, industrial, commercial, residential,
and other uses; causeways or road fills; dams and dikes; artificial islands;
property protection or reclamation devices such as riprap, groins, seawalls,
breakwaters, and revetments; beach nourishment; levees; fill for intake and
outfall pipes and subaqueous utility lines; fill associated with the creation of
ponds; and any other work involving the discharge of fill or dredged material. A
Corps permit is required whether the work is permanent or temporary. Examples of
temporary discharges include dewatering of dredged material prior to final
disposal, and temporary fills for access roadways, cofferdams, storage and work
areas.
Quick Reference
Clean
Water Act, Section 404
33
CFR Part 323 - Permits for Discharges of Dredged or Fill Material Into Waters of
the United States
