What agencies are responsible for Section 404 permits that allow dredge or fill materials to be deposited in navigable waters within Texas?

The Army Corps of Engineers issues permits that are needed for any work, including construction and dredging, in the nation’s navigable waters. Learn about the CWA Section 404 permit program.

What does section 404 of the Clean Water Act specifically protect?

Overview. Section 404 of the Clean Water Act (CWA) establishes a program to regulate the discharge of dredged or fill material into waters of the United States, including wetlands.

What is a 408 permit?

Section 408 provides that USACE may grant permission for another party to alter a Civil Works project upon a determination that the alteration proposed will not be injurious to the public interest and will not impair the usefulness of the Civil Works project.

Which agency has a regulatory role in section 404 wetlands regulation?

The Corps has long had regulatory jurisdiction over dredging and filling, starting with the River and Harbor Act of 1899. The Corps and EPA share responsibility for administering the Section 404 program. Other federal agencies, including NRCS, FWS, and NMFS, also have roles in this process.

What is the section 404?

404. Dishonest misappropriation of property possessed by deceased person at the time of his death.

Can you build on wetlands in North Carolina?

Development in wetlands in North Carolina requires a permit from either the U.S. Army Corps of Engineers or the N.C. Division of Coastal Management. Wetland permits are meant to protect the valuable wetland functions described above. Before disturbing wetlands, consult with one of these agencies.

What is a public interest review?

Public interest review refers to the evaluation of a proposed activity to determine whether issuance of the permit is in the public interest. Expected benefits are balanced against reasonably foreseeable detriments. All relevant public interest factors are weighed.

How are wetlands determined?

Wetlands are delineated by observing the presence or absence of three variables: hydrology, dominant plant species, and hydric soils (USACE, 1987). All three indicators must be present during the growing season for a waterbody to be considered a wetland.

What does section 404 require of management’s internal control report?

The Sarbanes-Oxley Act requires that the management of public companies assess the effectiveness of the internal control of issuers for financial reporting. Section 404(b) requires a publicly-held company’s auditor to attest to, and report on, management’s assessment of its internal controls.