404 Permits

Paul Garrett, FHWA

There have been a number of recent changes in the Clean Water Act Section 404 Regulatory Program, which permits discharges of fill into waters of the United States, including wetlands. The Supreme Court's decision on the application of section 404 to isolated wetlands through the "migratory bird rule", coupled with changes in the nationwide permit program and elimination of nationwide permit 26, have resulted in new requirements for section 404 permits for discharge into wetlands and other waters of the United States. This presentation will discuss these changes and bring you up to date on the current definition of regulatory wetlands and other waters of the U. S., plus review the current status of the nationwide permit program. It will also discuss current in-lieu fee approaches and FHWA's policy regarding participation in "in-lieu fee" programs.