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Wetlands
National Summary
The regulation of wetlands in the United States involves a variety of regulatory schemes, including the Section 404 regulation for the discharge of dredged or fill material into waters of the United States under the Clean Water Act (CWA). In general, activities including placement of fill material, excavation, levee construction, land clearing or leveling, as well as road and dam construction projects, all require a wetlands permit under the CWA. For every authorized discharge under a wetlands permit, the adverse impacts to wetlands, streams, and other aquatic resources must be avoided and minimized to the extent practicable. For unavoidable impacts, compensatory mitigation is required to replace the loss of wetland and aquatic resource functions in the watershed.
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Guidance Documents 2019 U.S. Army Corps of Engineers Mitigation Bank Guidance  National
Final Regulations 24 CFR 50, 55 and 58 - Floodplain Management and Protection of Wetlands; Correction 12/10/2013National
Final Regulations 33 CFR 326 - Civil Monetary Penalty Inflation Adjustment 01/28/2013National
Final Regulations 33 CFR 328 and 40 CFR 110, 112, 116, et al - The Navigable Waters Protection Rule: Definition of "Waters of the United States"; Final Rule 04/21/2020National
Proposed Regulations 33 CFR 328 and 40 CFR 110, 112, 116, et al. - Definition of "Waters of the United States" Under the Clean Water Act 04/21/2014National
Final Regulations 33 CFR 330 - Nationwide Permit Program 01/28/2013National
Proposed Regulations 33 CFR Part 328 and 40 CFR Parts 110, 112, 116, 117, 122, 232, 300, 302, and 401 - Revised Definition of "Waters of the United States'' 12/28/2018National
Proposed Regulations 33 CFR Part 328 and 40 CFR Parts 110, 112, 116, 117, 122, 232, 300, 302, and 401 - Revised Definition of "Waters of the United States'' 02/07/2019National
Final Regulations 33 CFR Part 328 and 40 CFR Parts 110, 112, 116, et al. - Definition of "Waters of the United States"--Recodification of Pre-Existing Rules; Final Rule 10/22/2019National
Proposed Regulations 33 CFR Part 328 and 40 CFR Parts 110, 112, 116, et al. - Revised Definition of "Waters of the United States"; Proposed Rules 02/14/2019National
Proposed Regulations 40 CFR 121 - Updating Regulations on Water Quality Certification 08/16/2019National
Proposed Regulations 40 CFR 121 - Updating Regulations on Water Quality Certification; Proposed Rule 08/22/2019National
Final Regulations 40 CFR 131 - Phosphorus Water Quality Standards for Florida Everglades 08/03/2012National
Final Regulations 40 CFR 222, 223, 224, 228 and 229 - Marine Protection, Research, and Sanctuaries Act (MPRSA) Regulations and Disposal Sites Designated Under the MPRSA; Technical Amendments 07/02/2019National
Proposed Regulations 40 CFR 228 - Ocean Disposal; Designation of an Ocean Dredged Material Disposal Site for the Southern Maine, New Hampshire, and Northern Massachusetts Coastal Region 09/18/2019National
Proposed Regulations 40 CFR 228 - Ocean Dumping: Cancellation of Final Designation for an Ocean Dredged Material Disposal Site 11/06/2019National
Proposed Regulations 40 CFR 228 - Ocean Dumping: Modification of an Ocean Dredged Material Disposal Site Offshore of Humboldt Bay, California 05/29/2020National
Proposed Regulations 40 CFR 228 - Ocean Dumping: Modification of an Ocean Dredged Material Disposal Site Offshore of Mobile, Alabama 06/25/2019National
Final Regulations 40 CFR 228 - Ocean Dumping: Modification of an Ocean Dredged Material Disposal Site Offshore of Mobile, Alabama 08/04/2020National
Proposed Regulations 40 CFR 228 - Ocean Dumping: Modification of an Ocean Dredged Material Disposal Site Offshore of Port Everglades, Florida 03/13/2020National
Proposed Regulations 40 CFR 228 - Ocean Dumping: Reopening of Comment Period for Modification of an Ocean Dredged Material Disposal Site Offshore of Port Everglades, Florida 05/26/2020National
Final Regulations 7 CFR 12 - Highly Erodible Land and Wetland Conservation 12/07/2018National
Guidance Documents An Introduction to Wetland Restoration, Creation, and Enhancement  National
Forms Application for Department of the Army Permit (Form 4345)  National
Questions & Answers Are there appeal procedures for CWA Section 404 Wetlands Permits? 05/06/2004National
Notices Best Practices for Continuous Monitoring of Temperature and Flow in Wadeable Streams 10/31/2013National
Notices Coastal Nonpoint Pollution Control Program: Intent To Find That Oregon Has Failed To Submit an Approvable Coastal Nonpoint Pollution Control Program 12/20/2013National
Notices Coastal Nonpoint Pollution Control Program: Intent to Find that Washington has Satisfied All Conditions of Approval Placed on its Coastal Nonpoint Pollution Control Program 06/15/2020National
Notices Council on Environmental Quality - Economic and Environmental Principles and Guidelines for Water and Related Land Resources Implementation Studies 03/27/2013National
Notices Council on Environmental Quality - Notice of Availability of Final Principles and Requirements 03/27/2013National
Notices Draft Science Synthesis Report on the Connectivity of Streams and Wetlands to Downstream Waters 03/08/2013National
Notices Draft Science Synthesis Report on the Connectivity of Streams and Wetlands to Downstream Waters 03/08/2013National
Notices Exemption From Permitting Under Section 404(f)(1)(A) of the Clean Water Act to Certain Agricultural Conservation Practices 04/21/2014National
Notices Extension of Comment Period for Definition of "Waters of the United States'' Under the Clean Water Act 06/24/2014National
Guidance Documents Handbook of Constructed Wetlands  National
Questions & Answers If the Corps issues a letter that indicates that there are jurisdictional waters on a parcel, but does not specify whether the JD is approved or merely preliminary (as is required by 33 CFR 331.2), does start the clock for purposes of appeal? 04/05/2004National
Guidance Documents Illustration of the Regulatory Jurisdiction of the U.S. Army Corps of Engineers  National
Questions & Answers In 2000, the Corps lowered the threshhold to 1/2 acre from the prior 3-acre requirement for an individual permit for development. Can the Corps retroactively require a permit for impacts of less than three acres prior to the change? 04/05/2004National
Notices Information Collection Request Submitted to OMB for Review and Approval; Approval of State Coastal Nonpoint Pollution Control Programs 01/30/2014National
Notices Information Collection Request Submitted to OMB for Review and Approval; Comment Request; National Estuary Program (Renewal) 07/31/2020National