Prepared by ASWM & ECOS – August 2011

Section 404 of the federal Clean Water Act defines a permitting program for dredge and fill activities in wetlands and other waters of the United States.  Section 404 also 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.   In 2010, the Association of State Wetland Managers and the Environmental Council of the States (ECOS) convened a national workgroup to facilitate state and tribal “assumption” of the Section 404 Program.

This handbook is a product of that workgroup.  It is intended to provide concise information to states and tribes interested in 404 program assumption about how a state or tribal 404 program operates, the basic legal requirements for program assumption, and the process of applying, including submitting a complete application to EPA for program approval.  To view CWA Section 404 Program Assumption: A Handbook for States and Tribes, click here.