Under Section 401(a)(1) of the Clean Water Act (33 USC § 1341), states have the authority to review and approve, condition, waive, or deny water quality certification for any activity that is subject to a Federal permit or license and may might result in a discharge to waters of the United States. In Vermont, Section 401 Water Quality Certification applications are reviewed to determine if the activity will comply with the Vermont Water Quality Standards adopted by the Vermont Water Resources Board and any other requirements of state law. A federal license or permit may not be granted if certification has been denied.

The Water Quality Division administers the state's Section 401 program. Section 401 authority applies, for example, to projects for which a permit from the Army Corps of Engineers or a hydropower license from the Federal Energy Regulatory Commission are required.

Additional Resources

• Contact the Wetlands Section for more information on Water Quality Certifications for projects in wetlands.
• The Vermont Water Quality Standards have been developed by the Vermont Water Resources Board.
• Wetlands Fact Sheet No. 19 (pdf, 21 KB) contains information on Water Quality Certifications for projects affecting wetlands.

Updated: February 2006