4 Environmental Law Practice Guide § 19.04


Summary

  • [1] There Are Different Procedures for Different Permit Types

    Once the technical determinations have been made that wetlands exist on the landowner’s site, that the wetlands fall within the Corps’ regulatory jurisdiction, and that the landowner’s proposed activity is subject to regulation, then, before proceeding with the proposed activity, the landowner is required to obtain a section 404 permit.141Link to the text of the note Under the Corps’ regulations, several types of section 404 permits exist. Individual permits are required for the discharge of dredge or fill material that is not otherwise exempt and that does not qualify for a general nationwide or regional permit. The Corps issues individual permits on a case-by-case evaluation of the specific project and of the proposed discharges associated with it. The other permits (discussed below) include nationwide and regional permits and are applicable only under certain circumstances prescribed in the regulations. The regulations also allow the ...