Who Needs a Clean Water Act Permit for Dredge-and-Fill?

Posted on 1/14/2019 by Anthony Cardno, CHMM and Trainer

Section 404 of the Clean Water Act authorizes the Secretary of the Army to issue permits for the discharge of dredge or fill material into navigable waters. The Secretary of the Army has delegated this authority to the Army Corps of Engineers.

However, Section 404 of the Clean Water Act also authorizes the Environmental Protection Agency to deny the use of any defined area as a disposal site for dredge or fill material.

Divided Responsibility: EPA and the Army Corps of Engineers

As per 33 CFR 320–330, the Army Corps of Engineers:
  • Administers the day-to-day program, including individual permit decisions and jurisdictional determinations.
  • Develops policy and guidance.
As per 40 CFR 230–233, the Environmental Protection Agency:
  • Develops and interprets environmental criteria used in evaluating permit applications.
  • Determines the scope of geographic jurisdiction.
  • Approves and oversees State assumption of permitting.
  • Identifies activities that are exempt.
  • Reviews/comments on individual permit applications.
  • Has authority to veto the Corps’ permit decisions.
  • Evaluates specific areas for permitting applicability.
Are you the go-to person for all things environmental at your facility? Join us for the Complete Environmental Regulations Workshop! Spend two insight-packed days with an expert Lion instructor and return to work with a clean view of your responsibilities under EPA’s major air, water, and chemical programs.  

Who Needs a Dredge-and-Fill Permit?

Anyone intending to discharge dredge or fill materials into a water of the United States is required to obtain a permit from the Army Corps of Engineers before commencing the discharge.

However, there are exclusions to the permitting requirement:
  • Normal farming, silviculture, and ranching activities (but not filling to convert land to these uses)
  • Maintenance of dikes, dams, and levies (but not construction or modification of such structures)
  • Construction or maintenance of farm, stock pond, or irrigation ditches
  • Maintenance (but not construction) of drainage ditches
  • Construction of temporary farm, forest, or mining roads done in accordance with specified “best management practices.”

What Are “Dredge” and “Fill” Materials Anyway?

40 CFR 232.2 defines dredge material as “material that is excavated or dredged from waters of the United States,” while “fill material” is defined as “material placed in waters of the United States where the material has the effect of
1. Replacing any portion of a water of the United States with dry land; or
2. Changing the bottom elevation of any portion of a water of the United States.”

Types of Dredge-and-Fill Permits

As with many other environmental permit programs, there are two types of permits covering the discharge of dredge and fill materials.
  1. Individual Permits, which are required for discharges that have the potential for a significantly adverse impact. The requirements will be specific to the project.
  2. General Permits, for discharges that have minimal adverse effects. Dischargers may comply with a general permit if one exists for the activity they are doing and if they meet the conditions described in the permit. On January 6, 2017, the Army Corps of Engineers renewed 50 previous nationwide permits (with few revisions) and issued two new permits. The full list can be found at
Permit decisions are made by the Corps’ district engineers in conjunction with the EPA (except in New Jersey and Michigan, currently the only states with approved §404 programs that operate in lieu of the Federal program). Individual permit application forms can be obtained from the Corps’ district office having jurisdiction over the affected waters. In most cases, discharges covered by a general permit do not require submission of an application, but some do require a separate notification to be made to the Corps.

Complete Environmental Compliance Training in Charlotte - Jan. 25 & 26 

Join Lion for comprehensive training on the US EPA air, water, and chemical regulations that impact your facility. You will leave the workshop with more confidence to ask the right questions about site compliance and get up to speed on how recent regulatory and de-regulatory actions could affect you.

Whether you’re new to EPA compliance or you’re the go-to person for all-things-environmental in your organization, you will take away new insights and prepare for what’s coming next in EPA regulation.

The Complete Environmental Regulations Workshop comes to Charlotte on January 24—25 and Salt Lake City on March 4—5. Click the link above to reserve your seat now!

Tags: Clean Water Act, dredge and fill, environmental compliance, permits

Find a Post

Compliance Archives

Lion - Quotes

Course instructor was better prepared and presented better than other trainers. Course manual and references were easier to use as well.

Marty Brownfield

Hazardous Waste Professional

Attending Lion Technology classes should be mandatory for every facility that ships or stores hazmat.

Genell Drake

Outbound Lead

Best course instructor I've ever had. Funny, relatable, engaging; made it interesting and challenged us as the professionals we are.

Amanda Schwartz

Environmental Coordinator

This was the 1st instructor that has made the topic actually enjoyable and easy to follow and understand. Far better than the "other" training providers our company has attended!

Lori Hardy

Process & Resource Administrator

Well designed and thorough program. Excellent summary of requirements with references. Inclusion of regulations in hard copy form, as well as full electronic with state pertinent regulations included is a great bonus!

Oscar Fisher

EHS Manager

The course is well thought out and organized in a way that leads to a clearer understanding of the total training.

David Baily

Hazmat Shipping Professional

Very well structured, comprehensive, and comparable to live training seminars I've participated in previously. I will recommend the online course to other colleagues with training requirement needs.

Neil Luciano

EHS Manager

More thorough than a class I attended last year through another company.

Troy Yonkers

HSES Representative

Amazing instructor; real-life examples. Lion training gets better every year!

Frank Papandrea

Environmental Manager

Lion's course was superior to others I have taken in the past. Very clear in the presentation and the examples helped to explain the content presented.

George Bersik

Hazardous Waste Professional

Download Our Latest Whitepaper

This guide will help you identify 25 of the most -cited errors in RCRA training, recordkeeping, hazardous waste ID, container management, universal waste, and laboratories.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.