Further clarifying the section 404 program: Are aU uses of a wetland either regulated 

 or prohibited? 



Much of the public is laboring under the misunderstanding that if an area is identified 

 as a wetland, any activity that takes place in the wetland is either regulated or 

 prohibited. This is not true. 



First, not all activities in wetlands require a Section 404 permit. Section 404 only 

 regulates the discharge of dredged or fill material into waters of the U.S., a term which 

 includes most of the Nation's wetlands. Not all activities in wetlands involve a 

 discharge of dredged or fill material, and therefore do not require a Section 404 permit. 

 There are several development activities that cause wetland conversion or damage, but 

 do not involve discharge of dredged or fill material. Under certain circumstances, these 

 may include: lowering of groundwater levels, flooding of wetlands, drainage of wetlands, 

 and excavation of wetlands where the dredged material is disposed of on an upland site. 



Activities which are under the scope of the Section 404 program are not necessarily 

 prohibited. Most of the activities subject to Section 404 requirements are either exempt 

 from the program (such as ongoing farming and silviculture activities) or are authorized 

 by one of the Corps' general permits. 



Activities which are subject to Section 404 are authorized either through a general or 

 individual permit. Activities in wetlands that cause only minimal adverse environmental 

 effects are authorized under general permits. General permits do not require case- 

 specific permit review and are designed to expedite permitting process. Approximately 

 75.000 activities, out of over 85,000 authorized activities every year, are authorized 

 through general permits which are issued on a State, regional and nationwide basis. 

 There are currently 26 nationwide general permits, and numerous state and regional 

 general permits. 



In addition, the Clean Water Act, under Section 404(f), generally exempts discharges 

 associated with normal farming, ranching and forestry activities such as plowing, 

 cultivating, minor drainage, and harvesting for the producfion of food, fiber and forest 

 products or upland soil and water conservation practices. This exemption pertains to 

 normal farming and harvesting activities that are part of an established, ongoing farming 

 or forestry operation. 



