Skip to main content
U.S. flag

An official website of the United States government

Here’s how you know

Dot gov

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

HTTPS

Secure .gov websites use HTTPS
A lock (LockA locked padlock) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

    • Environmental Topics
    • Air
    • Bed Bugs
    • Cancer
    • Chemicals, Toxics, and Pesticide
    • Emergency Response
    • Environmental Information by Location
    • Health
    • Land, Waste, and Cleanup
    • Lead
    • Mold
    • Radon
    • Research
    • Science Topics
    • Water Topics
    • A-Z Topic Index
    • Laws & Regulations
    • By Business Sector
    • By Topic
    • Compliance
    • Enforcement
    • Laws and Executive Orders
    • Regulations
    • Report a Violation
    • Environmental Violations
    • Fraud, Waste or Abuse
    • About EPA
    • Our Mission and What We Do
    • Headquarters Offices
    • Regional Offices
    • Labs and Research Centers
    • Planning, Budget, and Results
    • Organization Chart
    • EPA History

Breadcrumb

  1. Home
  2. Section 404 of the Clean Water Act

Proposed Compensatory Mitigation Regulations under CWA Section 404

On March 27, 2006, EPA and the U.S. Army Corps of Engineers (the Corps) announced proposed revisions to regulations governing compensatory mitigation for authorized impacts to wetlands, streams, and other waters of the U.S. under Section 404 of the Clean Water Act. These revisions are designed to improve the effectiveness of compensatory mitigation at replacing lost aquatic resource functions and area, expand public participation in compensatory mitigation decision-making, and increase the efficiency and predictability of the process of proposing compensatory mitigation and approving new mitigation banks. These revisions are also designed to compliment EPA's and the Corps' ongoing efforts to implement the 2002 National Wetlands Mitigation Action Plan.

Based on numerous requests, on May 16, the U.S. Army Corps of Engineers and EPA officially extended the public comment period for the proposed Clean Water Act Section 404 compensatory mitigation rule for an additional 30 days. The new public comment deadline is June 30, 2006. The notice announcing the 30-day extension of the public comment period was published in the Federal Register on Tuesday, May 23, 2006.

  • Federal Register Notice of Extension of Proposed Rulemaking (2 pp, 58K)
  • Federal Register Notice of Proposed Rulemaking(38 pp, 252K)
  • Compensatory Mitigation Rule Factsheet(2 pp, 650K)
  • Questions and Answers(5 pp, 74K)
  • Draft Environmental Assessment, Finding of No Significant Impact and Regulatory Analysis (105 pp, 346K)
  • EPA, Corps of Engineers Move to Improve Wetlands Restoration and Conservation - EPA Press Release
  • Fifth Stakeholder Forum on Federal Wetlands Mitigation 

Section 404 of the Clean Water Act

  • Laws and Regulations
    • Policy and Guidance
    • Scientific Documents
    • Issue Resolution
    • Veto Authority
  • Section 404 Permit Program
  • Compensatory Mitigation
  • Section 404 Enforcement
  • EPA Regional Contacts
  • Army Corps of Engineers
Contact Us About Section 404 of the Clean Water Act
Contact Us to ask a question, provide feedback, or report a problem.
Last updated on March 31, 2025
  • Assistance
  • Spanish
  • Arabic
  • Chinese (simplified)
  • Chinese (traditional)
  • French
  • Haitian Creole
  • Korean
  • Portuguese
  • Russian
  • Tagalog
  • Vietnamese
United States Environmental Protection Agency

Discover.

  • Accessibility Statement
  • Budget & Performance
  • Contracting
  • EPA www Web Snapshot
  • Grants
  • No FEAR Act Data
  • Plain Writing
  • Privacy
  • Privacy and Security Notice

Connect.

  • Data
  • Inspector General
  • Jobs
  • Newsroom
  • Regulations.gov
  • Subscribe
  • USA.gov
  • White House

Ask.

  • Contact EPA
  • EPA Disclaimers
  • Hotlines
  • FOIA Requests
  • Frequent Questions
  • Site Feedback

Follow.