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State and Tribal Assumption of Section 404 of the Clean Water Act

  • State and Tribal Implementation of CWA Section 404

    The Clean Water Act (CWA) allows states and tribes to assume administration of the CWA Section 404 dredged and fill permitting program.

This site is designed to increase state and tribal program managers' understanding of the requirements for and process to assume Clean Water Act (CWA) Section 404 permitting responsibility, as well as answer questions about implementation of approved state and tribal Section 404 programs.


News

  • In accordance with the Paperwork Reduction Act, EPA is requesting comment on a proposed Information Collection Request renewal associated with CWA section 404(g) programs. EPA has published a correction to the May 27, 2021 notice.  The comment period has been extended to July 26, 2021. June 24, 2021 Federal Register

About Assumption

Bridge over wetland
  • Basic Information
  • Statutory and Regulatory Requirements for Assumption

Process and Requirements

Babbling brook
  • Assumption Process
  • Assumption Request Package
  • Assumption Request Approval Process

Current Efforts

photo of a coastal wetland
  • Rulemaking - Modernizing the State and Tribal Assumption Regulations
  • Rulemaking for criminal negligence standard for State CWA 402 and 404 programs 
  • Assumable Waters Subcommittee

State and Tribal Assumption Efforts

Map of United States with EPA regions outlined

To date, Michigan, New Jersey, and Florida have assumed administration of the Section 404 program - the U.S. Army Corps of Engineers retains permitting authority for the rest of the country. Click here to learn about your state or tribe's Section 404 (g) efforts.

Related Topics

Photo of a Redwing Blackbird on reeds in McKey Beshers Wildlife Management. EPA stock photo.
  • Section 404 of the CWA
  • Wetlands
Contact Us to ask a question, provide feedback, or report a problem.
Last updated on June 27, 2022
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