Exemptions to Permit Requirements
In general, Section 404
of the Clean Water Act requires permits for the discharge of dredged or
fill material into waters of the United States, including wetlands. However,
certain activities, detailed below, are exempt from permit requirements
under Section 404(f).
Activities Exempt under the Clean Water Act,
Section 404(f)
· Established (ongoing) farming, ranching, and forestry activites:
· plowing
· seeding
· cultivating
· harvesting food, fiber, and forest products
· minor drainage
· upland soil and water conservation practices.
· Maintenance (but not construction) of drainage ditches
· Construction and maintenance of irrigation ditches
· Construction and maintenance of farm or stock ponds
· Construction and maintenance of farm and forest roads, in accordance
with best management practices
· Maintenance of structures, such as dams, dikes, and levees
Exemptions
You do not generally need a permit under Section 404 if your discharges
of dredged or fill material are associated with normal farming, ranching,
and forestry activities such as plowing, cultivating, minor drainage,
and harvesting for the production of food, fiber, and forest products
or upland soil and water conservation practices. This exemption pertains
to normal farming and harvesting activities that are part of an established,
ongoing farming or forestry operations.
Activities Not Exempt
If an activity involving a discharge of dredged or fill material represents
a new use of the wetland, and the activity would result in a reduction
in reach or impairment of flow or circulation of regulated
waters, including wetlands, the activity is not exempt. Both conditions
must be met in order for the activity to be considered non-exempt. In
general, any discharge of dredged or fill material associated with an
activity that converts a wetland to upland is not exempt, and requires
a Section 404 permit.
Examples
· Activities that bring a wetland into farm production where the
wetland has not previously been used for farming are not considered part
of an established operation, and therefore require a permit .
· Introduction of a new cultivation technique such as discing
between crop rows for weed control may be a new farming activity, but
because the farm operation is ongoing, the activity is exempt from
permit requirements under Section 404.
· Planting different crops as part of an established rotation,
such as soybeans to rice, is exempt.
· Discharges associated with ongoing rotations of rice and crawfish
production are also exempt.
To find out whether specific activities are
exempt, contact your local Corps or EPA office.
Ask for a free copy of "Agriculture and Wetlands: A Compilation
of Factsheets" when you call the EPA Wetlands Information Hotline
(contractor operated).
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