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Section 404 of the Clean Water Act: Permitting Discharges of Dredge or Fill Material

  • Laws and Regulations

    Congress passes laws that authorize EPA and other federal agencies to write rules and regulations that explain the critical details needed to implement environmental laws. Learn about the Clean Water Act and other laws and regulations.

  • Jurisdiction

    EPA and the Department of the Army have revised the definition of “waters of the United States.” Learn more about the Navigable Waters Protection Rule.

  • Permitting

    The Army Corps of Engineers issues permits that are needed for any work, including construction and dredging, in the nation’s navigable waters.  Learn about the CWA Section 404 permit program.

  • Mitigation

    Wetlands and streams provide important environmental functions including protecting and improving water quality and providing habitat to fish and wildlife. Learn about mitigation projects that offset adverse environmental impacts.

Laws and Regulations

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  • Laws, regulations,  and executive orders
  • Policy and guidance
  • Scientific documents
  • Regulatory Guidance Letters (Army Corps)
  • Dispute resolution under CWA 404(q)
  • Veto authority under CWA 404(c)

Jurisdiction

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  • What is a “Water of the U.S.”?
  • What is a wetland?
  • How are wetlands defined and identified?
  • Learn about streams

Permitting

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  • Who manages the 404 permit program?
  • How can I get a permit? (Army Corps)
  • What projects are exempt from needing a permit?
  • Landowners interested in wetlands protection

Mitigation

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  • How do you avoid, minimize, and compensate for impacts to wetlands, streams, and other aquatic resources?
  • What is compensatory mitgation?
  • What is the Compensatory Mitigation Rule?

Enforcement

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  • CWA Section 404 enforcement
  • How do I report a suspected violation?
  • How do enforcement actions protect wetlands?
  • EPA's enforcement website
Contacts
  • CWA Section 404 Contacts in EPA Regional Offices
  • U.S. Army Corps of Engineers Divisions
  • Association of State Wetland Managers 
  • Association of Clean Water Act Administrators
Related Topics
  • Dredged and Fill Permitting (CWA §404) (Army Corps)
  • Waters of the United States
  • Frequent Questions on Removal of Obsolete Dams 
Wetland News

Clean Water Act Jurisdictional Determinations

EPA provides increased transparency regarding Clean Water Act jurisdictional determinations.

Contact Us to ask a question, provide feedback, or report a problem.
Last updated on May 1, 2025
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