Assessing the Relationship Between Section 404 and Wetland Losses: A Feasibility Study.

Abstract

The primary objective of the Clean Water Act of 1977 (33 U.S.C. 1251) is to restore and maintain the physical, chemical, and biological integrity of the Nation's waters. Section 404 of the Act regulates the discharge of dredged or fill materials into wetlands and represents the primary Federal authority for regulation of wetland alterations. Since its inception, the Section 404 program has been controversial in regard to the extent to which it was intended to provide wetlands regulation. Section 404 requires those who wish to discharge dredged or fill material into waters of the United States, which include many wetlands, to first obtain a Federal permit. The Environmental Protection Agency (EPA) has overall responsibility for administration of the Section 404 program and promulgates guidelines that must be followed in issuing permits. In addition, EPA has the final authority to prohibit specific discharges if the environmental impacts are unacceptable. The U.S. Army Corps of Engineers (Corps) issues Section 404 permits, which can be of two types. Individual Permits are issued following case-by-case reviews of proposed discharges. General Permits, which can be either nationwide or regional in scope, are authorized by the Corps for categories of activities that are similar in nature and that have only minimal individual and cumulative adverse environmental impacts. EPA, the National Marine Fisheries Service (NMFS), the Fish and Wildlife Service (Service), and State natural resource agencies review and comment on permit applications and offer recommendations on appropriate mitigation measures.

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Document Details

Document Type
Technical Report
Publication Date
Sep 01, 1989
Accession Number
ADA322518

Entities

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  • Douglas N. Gladwin
  • Duane A. Asherin
  • James E. Roelle

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