Policy and Guidance Documents under CWA Section 404

Section 404 Compensatory Mitigation

1999 Memorandum to the Field - emphasizes the protection afforded the Nation´s valuable coral reef ecosystems under the Clean Water Act (CWA) Section 404 regulatory program, the Marine Protection, Research, and Sanctuaries Act (MPRSA) Sections 102 and 103 provisions, Rivers and Harbors Act (RHA) Section 10 requirements, and Federal Projects conducted by the Corps.

RGLs on the Corps of Engineers Home Page access to the guidance the Corps issues to its field staff.

1992 Memorandum of Agreement - establishes procedures for the Corps and EPA to minimize delays and resolve disputes in the issuance of Section 404 permits.

404(q) Fact Sheet

Chronology of 404(q) Actions

Memoranda on 404(q) Coordination

• 2002 Memorandum on Designation of Aquatic Resources of National Importance under Clean Water Act Section 404(q)
• 2006 Memorandum on Coordination between EPA Regional Offices and Headquarters on Clean Water Act Section 404(q) Actions
• 2008 Memorandum on Revised Coordination between EPA Regional Offices and Headquarters on Clean Water Act Section 404(q) Actions

Comparison of Dredged Material to Reference Sediment
The Environmental Protection Agency (EPA) is proposing to revise the Clean Water Act Section 404(b)(1) Guidelines (Guidelines) to provide for comparison of dredged material proposed for discharge with "reference sediment," for the purposes of conducting chemical, biological, and physical evaluations and testing.

Inland Testing Manual - This joint EPA and Corps document, "Evaluation of Dredged Material Proposed for Discharge in Waters of the U.S. - Testing Manual" (ITM), provides guidance regarding technical protocols under Section 404 for evaluating proposed discharges of dredged material associated with navigational dredging projects.

Beneficial Use of Dredged Material - An important goal of managing dredged material is to ensure that the material is used or disposed of in an environmentally sound manner. The Federal Standard Paper provides guidance on using dredged material as a resource to achieve environmental and economic benefits and is intended as a companion piece to the Beneficial Use Planning Manual.

1989 Memorandum of Agreement - establishes the allocation of enforcement responsibilities between EPA and the Corps for Section 404 of the Clean Water Act.

General Coordination

1995 Memorandum to the Field - identifies regulatory flexibility under Section 404 of the Clean Water Act to those small landowners impacting less than two acres of wetlands on their property.

1993 Memorandum to the Field - clarifies that the level of review associated with a permit application is linked to the nature of anticipated environmental impacts. Thus, small projects with fewer impacts require less review.

1979 "Civiletti" Memorandum  - US Attorney General opinion on ultimate administrative authority under Section 404 to determine the reach of navigable waters and the meaning of Section 404(f).

1989 Memorandum of Agreement - allocates responsibilities between EPA and the Corps for determining the geographic scope of the Section 404 program and the applicability of exemptions from regulation under Section 404(f).

Wetlands Delineation

Clean Water Act definition of "Waters of the United States"

In light of the vacatur of the Navigable Waters Protection Rule, the agencies are currently implementing the definition of “waters of the United States” consistent with their pre-2015 practice, and the following guidance documents are in effect:

• 2003 Solid Waste Agency of Northern Cook County (SWANCC) Guidance
• 2008 Rapanos Guidance 

2007 Legal Memorandum on Traditional Navigable Waters (pdf) (218.49 KB)  - Also known as Appendix D, this memorandum discuss the legal definition of traditional navigable waters.

2016 Post-Hawkes Memorandum - interim guidance to field staff in light of U.S. Army Corps of Engineers v. Hawkes Co.

Navigable Waters Protection Rule Implementation Memos - After finalizing the Navigable Waters Protection Rule, the agencies developed several memoranda applicable to the definition of “waters of the United States.” Those memoranda can be found here but may not be currently applicable as a result of the vacatur.

Surface Coal Mining Initiative Actions - This page provides updates and background information regarding EPA's recent activities under the Clean Water Act Section 404, Clean Water Act Section 402, and National Environmental Policy Act (NEPA).

Joint Procedures Framework MOU for Surface Coal Mining Permit Applications - February 10, 2005 - The U.S. Office of Surface Mining (OSM), U.S. Army Corps of Engineers (COE), U.S. Environmental Protection Agency (EPA), and U.S. Fish and Wildlife Service (FWS) have coordinated in the development of a Memorandum of Understanding (MOU) to improve coordination and information sharing among the agencies responsible for reviewing and processing Surface Mining Control and Reclamation Act (SMCRA) and Clean Water Act (CWA) Section 404 dredge and fill permits.

EPA/Corps Memo on CWA Requirements and Coal Mining Operations - May 5, 2003.

1999 Memorandum of Understanding - establishes a process for improving coordination among the U.S. Office of Surface Mining, U.S. Environmental Protection Agency, U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, and West Virginia Division of Environmental Protection, in the review of permit applications required for surface coal mining and reclamation operations resulting in the placement of excess spoil fills in the waters of the United States in West Virginia.

Summary of the Forestry Resolution- outlines the innovative resolution of a long-standing silvicultural issue affecting forested wetlands in the Southeast. The guidance clarifies where a wetlands permit is not needed when certain ´Best Management´ practices are conducted in association with forestry site preparation.

1995 Forestry Guidance - the full text of the guidance.

1990 National Guidance: Wetlands and Non-Point Source Control - describes how State non-point source programs can use the protection of existing wetlands and the restoration of previously lost or degraded wetlands to meet the water quality objectives of adjacent or downstream water bodies.

1990 National Guidance - Water Quality Standards for Wetlands - assists States in applying their water quality standards regulations to wetlands.

2018 Memorandum of Agreement between EPA and Army provides guidance regarding flexibilities that exist in the mitigation requirements for Clean Water Act Section 404 permits, and how those flexibilities can be applied in the state of Alaska given the abundance of wetlands and unique circumstances involved with Section 404 permitting in the state.

1990 Memorandum to the Field - explains the applicability of the Section 404 program to agriculture and clarifies agricultural exemptions under section 404(f).

Regulatory Guidance Letter 96-02  - joint Army Corps/EPA RGL on the applicability of exemptions under Section 404(f) to "Deep-Ripping" Activities in Wetlands.