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Section 404 of the Clean Water Act

What is a Jurisdictional Delineation under CWA Section 404?

Jurisdictional delineations are performed on a property in order to delineate which waters are Waters of the U.S. and are therefore subject to CWA 404. Most often, a preliminary jurisdictional delineation is submitted to the Army Corps by the permit applicant, which the Corps then verifies. The applicant can decide whether they would like a final approved delineation or would like to proceed with an application with only a verified preliminary delineation, which makes for a shorter process.

How do I delineate a wetland?

Wetland delineations are conducted in accordance with the 1987 USACE Wetland Delineation Manual. There are ten regional supplements issued by the USACE which are specific to different regions of the United States. Wetlands must have three specific criteria in order to be classified as a wetland: hydric soils, hydrophytic vegetation, and hydrology. During a wetland delineation, a project area is surveyed to determine whether wetlands with the three criteria are present.