Regulations

404(b)(1) Guidelines (PDF)

ASWM's Clean Water Act Section (Link)

Section 404 State Assumption Regulations (PDF)

State Feasibility Studies

Section 404 Assumption Feasibility Study – Minnesota - 1989 (PDF)

“Consolidation of State and Federal Wetland Permitting Programs Implementation of House Bill 759 (Chapter 2005-273, Laws of Florida) Florida Department of Environmental Protection, September 30, 2005” (evaluates assumption in Florida) (PDF)

Oregon Comparison of State and Federal Programs (PDF)

Background Information on State Assumption

"Michigan's 404 Program" (PDF) by Brian J. Considine of the Michigan Bar Journal (Nov 2006)

"Michigan's Legislators Vote in Support of State-run Wetland Program" (Link) by Jean Christie of the Association of State Wetland Managers.

"Assumptions, New Jersey Style" (PDF)

State Investigations on Section 404 Assumption

Environmental and Public Protection Cabinet's Status Report to the General Assembly on the Kentucky Clean Water Act Section 404 Task Force (PDF)

EPA's Role Under Section 404 of the Clean Water Act (CWA) Kentucky 404 Task Force Meeting 2005

• Volume 1 (PDF)
• Volume 2 (PDF)

Pursuing Clean Water Act 404 Assumption: What States Say About the Benefits and Obstacles (PDF) By Kathy Hurld & Jennifer Linn – EPA (May 2008)

State Wetland Protection: Status, Trends and Model Approaches (PDF) By the Environmental Law Institute (March 2008)

References

U.S. EPA Clarifies ESA Section 7 Assumption Requirements

By Steve Brown – ECOSWIRE – January 7, 2011

In December 2010, ECOS received a letter from U.S. EPA Assistant Administrator for Water Pete Silva that confirmed a key step in the Clean Water Act Section 404 delegation/assumption process. A team of EPA, ECOS and ASWM staff worked on this topic. ECOS and ASWM sent a letter to EPA in fall 2010 asking the agency what its policy was on “endangered species consultation” as part of a delegation application. EPA in its reply indicated that the agency “need not engage in formal Section 7 ESA consultation [with the US Fish and Wildlife]” as part of a delegation review. Permit applications received by the state after delegation is approved that have a “reasonable potential for adverse impacts on endangered or threatened species” must be forwarded to EPA for review as per EPA’s Section 404 delegation regulation. For the letter from Pete Silva, click here. (12/27/10)

ECOS letter to EPA with Progress Report and Recommended Actions to Further Clarify Section 404 Assumption Application Requirements (July 22, 2011), click here.