404 Assumption

CWA Section 404 allows a state or tribe to administer its own permit program to regulate these activities in lieu of the federal program for most nontidal waters, given approval from the EPA. State or Tribal assumption of the section 404 program is limited to certain waters, as provided in section 404(g)(1). The Federal program operated by the Corps of Engineers continues to apply to the remaining waters even after program approval. However, this does not restrict states or tribes from regulating discharges of dredged or fill material into those waters over which the Secretary of the Army retains section 404 jurisdiction. EPA determines whether the 404 program should be turned over to a state, territory, or tribe. As of 2020, three states have assumed 404 responsibility for nontidal waters. For more information, click here.