D. FEDERAL CLEAN WATER ACT
(404 Permit)
Who Must Apply
Any person, agency, or entity, either public or private, proposing a project that will result in the discharge or placement of dredged or fill material into waters of the United States. "Waters of the United States" include lakes, rivers, streams (including perennial, intermittent, and ephemeral channels with an ordinary high water mark), wetlands, and other aquatic sites.
Activities Requiring a Permit
Any activity that will result in the discharge or placement of dredged or fill material into waters of the United States, including wetlands.
Purpose of the Law
To restore and maintain the chemical, physical, and biological integrity of the nation’s waters.
Who Administers the Law
The U.S. Army Corps of Engineers (Corps). The U.S. Environmental Protection Agency also has regulatory review and enforcement functions under the law.
Application Procedure/Timeline
Any person, agency, or entity, either public or private, planning a project must submit an application to the Corps for review. Permit authorization varies depending on the size and scope of the intended project.
Activities that meet the conditions for a Nationwide or Regional General Permit may be approved in 10 to 45 days. Individual Permits require more extensive review and require a public notice period. Permit approval may take 90 to 120 days. Application fees for Individual Permits may vary from $10 for private individuals to $100 for commercial applicants. Do not send money with the application. Applicants will be notified if a fee applies. Joint application participant—see Permitting Tips.
For more information, contact:
U.S. Army Corps of Engineers
10 West 15th Street, Suite 2200
Helena, MT 59626
(406) 441-1375
http://www.usace.army.mil/public.html#Regulatory
