See the DEC Region Map for county location information.Examples of Discharge of dredged or fill material in a sentenceĭischarge of dredged or fill material may be permitted to manage stormwater for flood control purposes only where there is no practicable alternative and provided that best management practices are implemented to prevent sedimentation or other pollution.ĭischarge of dredged or fill material into waterbodies or wetlands shall not be permitted. The Army Corps Offices for wetlands protection purposes, are listed below. In addition, related wetlands publications such as the federal delineation manual are available in PDF format.

Activities exempt from Section 404, and therefore Section 401, include established, ongoing farming activities such as plowing, harvesting, seeding, minor drainage, and cultivating and maintenance of irrigation ditches, farm ponds, stock ponds or farm roads, in accordance with best management practices.įor more information about federal regulatory programs (including Section 404), contact the Army Corps of Engineers. Types of activities covered under the Section 401 Water Quality Certificate include the placement of dredge and fill material in waters of the United States construction of dams and dikes erosion control or property protection devices such as rip-rap and bulkheads and fill for recreational, industrial, commercial, residential, and other uses. If a Section 401 Water Quality Certificate is issued with specific conditions, these conditions become part of the Federal permit. During the review of the project, the State may impose conditions to the certificate to ensure water quality is protected, and that any environmental impacts are minimized. Review authority extends to licenses granted by the Federal Energy Regulatory Commission for hydroelectric operations and to nationwide permits issued under Section 404 for dredge and fill projects.īefore a federal activity can be permitted or authorized, the state must issue a Section 401 Water Quality Certificate, certifying that the proposed activity will not violate water quality standards, and that it complies with other appropriate requirements of New York State law. Under Section 401 of the Clean Water Act, states have the authority to review and approve, condition, or deny all Federal permits or licenses that might result in a discharge to waters of the state, including wetlands. Army Corps of Engineers (ACOE) regulates the disposal of dredged or fill material into waters of the United States. Under Section 404 of the Clean Water Act and Sections 9 and 10 of the Rivers and Harbors Act, the U.S.

What is dredged or fill material