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Laws, Regulations, Treaties
Related Links: General Water Laws | Wetlands | Oceans, Coasts, & Estuaries | Watersheds
Key federal statutes governing wetlands in the United States
| Laws | Regulations | Guidance | Scientific Documents |
Regulations
Section 404 Regulations
Section 404(b)(1) Guidelines - guidelines, established by the EPA, that constitute the substantive environmental criteria used in evaluating activities regulated under Section 404 of the Clean Water Act
Text of 404(b)(1) Guidelines 40 CFR 230) (PDF) (40 pp, 110K)
Compensatory Mitigation Rule - On March 31, 2008, EPA and the U.S. Army Corps of Engineers (the Corps) issued revised regulations governing compensatory mitigation for authorized impacts to wetlands, streams, and other waters of the U.S. under Section 404 of the Clean Water Act. These regulations are designed to improve the effectiveness of compensatory mitigation to replace lost aquatic resource functions and area, expand public participation in compensatory mitigation decision making, and increase the efficiency and predictability of the mitigation project review process.
Federal Register Notice of Final Rule (PDF) (113 pp, 567K)
Permit Regulations - regulations, established by the Army Corps of Engineers, that specifies the procedures and criteria for the issuance of Section 404 permits.
Program Definitions and Permit Exemptions - established by the EPA, these definitions apply to the Section 404 program and clarify which activities are exempted from regulation under Section 404(f) of the Clean Water Act.
Section 404(c) Regulations - regulations to clarify EPA´s authority to restrict or prohibit the use of an area for discharge of dredged or fill material if the discharge will have unacceptable adverse impacts.
Nationwide Permit Program - program established by the Army Corps of Engineers that allows the Corps to grant general permits for similar categories of discharges that will have only minimal adverse effects.
Issuance of Nationwide Permits; Notice (PDF) - the Corps of Engineers March 12, 2007 final notice on the reissuance of existing Nationwide Permits, General Conditions, and definitions with modifications, with 6 new permits (PDF). (108 pp, 542K)
Proposal To Reissue and Modify Nationwide Permits; Notice (PDF) - the Corps of Engineers September 26, 2006 proposal to reissue all existing Nationwide Permits and introduce 6 new permits (43 pp, 277K)
Enforcement Regulations - regulations, established by the EPA, to outline options available to the agencies to enforce the provisions of Section 404.
State Assumption Regulations - regulations that specify the procedures and criteria used by EPA in assessing State assumption of section 404 programs.
Tribal Assumption Regulations - regulations that specify the procedures and criteria used by EPA in assessing Tribal assumption of section 404 programs.