Section 404 of the Clean Water Act (33 USC § 1344) establishes the authority of the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) to regulate the discharge of dredged and fill material, and mechanized landclearing in waters of the United States, including wetlands. The basic premise of the Section 404 program is that no discharge of dredged or fill material can be permitted if there is a practicable alternative that is less damaging to the aquatic environment or if the discharge would result in significant degradation of our nation's waters. Different types of Section 404 permits are required depending on the size and nature of the project.

Section 10 of the Rivers and Harbors Act of 1899 also authorizes the Corps to regulate work in, over, or under navigable waters of the United States. A Corps permit is required for all work (structures, etc.) below or beyond the ordinary high water line of any navigable water.

The Corps of Engineers coordinates with the Agency of Natural Resources, but the two programs have different rules, regulations, and procedures.

For detailed information on Corps permits and regulations, contact:

Martha A. Abair, Senior Project Manager
U.S. Army Corps of Engineers
8 Carmichael Street, Suite 205
Essex Junction, VT 05452

802.872.2893
802.879.7638 (fax)
martha.a.abair@usace.army.mil

• The US Army Corps of Engineers, New England District website has additional information on Corps permit programs and links to other information sources.
• The complete text of the Federal Clean Water Act provides the legal basis for the federal permit programs.
• Wetlands Fact Sheet No. 10 (pdf, 26 KB) discusses federal wetland regulations.
• Department of the Army General Permit State of Vermont. (pdf, 664KB)

Updated: October 2002