Sect. 404, Federal Pollution Control Act (Clean Water Act)

Under section 404, a permit is required for the discharge of dredged or fill materials into the waters of the U.S. that lie inside of the baseline for the territorial sea and fill materials into the territorial sea within three miles of shore. Although COE has the permitting responsibility under the section 404 program, EPA is authorized to review and comment on the impact of proposed dredge and fill activities and to prohibit discharges that would have an unacceptable impact on municipal water supplies, shellfish beds, fishery areas, wildlife, and recreational areas.

EPA, in consultation with COE, is charged with developing guidelines to be used in evaluating discharges subject to section 404. The section 404 permit requirement is the cornerstone for the current wetlands regulatory program. If COE or EPA determines that a certain property is a jurisdictional wetland, no one can discharge dredged or fill materials into it without a section 404 permit.