For additional materials about State Assumption please visit ASWM's assumption resources webpage which includes state feasibility studies and background materials, federal regulations, state investigations into assumption and correspondence between the Environmental Protection Agency's Office of Water and the Environmental Council of States on ESA Section 7 consultation and recommended future actions.

by Leah Stetson, with an introduction by Jeanne Christie, ASWM

Under the Clean Water Act (CWA), states may seek to implement Section 404 that governs dredge and fill activities in wetlands and other waters. Before a state assumes CWA § 404, the U.S. Army Corps of Engineers (Corps) regulates those waters and reviews the related permits at the federal level. State assumption of the 404 program allows a state to regulate those waters—including streams and wetlands—and assume the jurisdictional responsibility to condition, approve or deny dredge and fill permits rather than the Corps. However the 404 state assumption program has fared poorly in comparison to state adoption of other parts of the Clean Water Act.