Section 404 of the Clean Water Act

Transportation Equity Act for the 21st Century (TEA-21) Guidance (Federal Highway Administration)

This document provides interagency guidance on applying the preference for wetlands mitigation banking mandated in the Transportation Equity Act for the 21st Century (TEA-21) to compensatory mitigation requirements under Section 404 of the Clean Water Act (CWA). This guidance will assist agency field personnel and sponsors of Federal aid highway projects by clarifying the factors to be considered in implementing that preference consistent with existing regulations and policy.


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