ASWM is currently conducting a project on Clean Water Act Section 404 Assumption. This webinar series addresses key elements and issues of assumption that are faced by states and tribes. Content in this webinar series does not replace formal rulemaking and guidance from EPA. Webinars will cover some of the basic considerations for states and tribes, as well as share examples of states and tribes working on assumption activities.

For more information and/or to join our email list for notices about upcoming events, please contact Laura Burchill at or (207) 892-3399.

If you haven’t used Go To Webinar before or you just need a refresher, please view our guide prior to the webinar here.

View Past Section 404 Assumption Webinars Here

 View a List of Past Section 404 Assumption Webinar Recordings Here


Findings from ASWM’s Multi-Year Clean Water Act Section 404 Assumption Project

Tuesday, March 16, 2021 - 3:00-4:30 pm Eastern

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  • Kathy Hurld, U.S. Environmental Protection Agency
  • ASWM Assumption Project Workgroup Members
  • Brenda Zollitsch, Association of State Wetland Managers


This webinar will share the findings of the Association of State Wetland Managers (ASWM) multi-year project on assumption of the Clean Water Act Section 404 Program. The webinar will outline the key elements of a complete assumption package, walking through project findings on each element from ASWM’s multi-year project on assumption. The webinar will introduce participants to new resources developed through the project, including a matrix of existing examples of assumption package components, a checklist of considerations for those exploring assumption, and many support documents, as well as how to access ASWM’s archived assumption webinar series. The webinar will include basics for each element, as well as key lessons learned from states that have explored or are working towards assumption. The webinar will end with discussion about the new forthcoming Clean Water Act 404(g) Rule and some of the important things to look for when it is published (expected 2021). The webinar will include time for participants to ask questions of the panelists.


Kathy HurlsKathy Hurld is an Environmental Protection Specialist with the U.S. Environmental Protection Agency (EPA) in Washington, DC. Her nearly 30 years’ experience working on ocean, coastal, wetland, agroforestry and other environmental issues, has taken her throughout the U.S. and internationally as she worked on both the local and international level. Currently, Kathy is the EPA’s staff lead on Clean Water Act Section 404(g) and works to assist states and tribes pursuing assumption of the program. Kathy has a BS in biology from Hope College and a Master’s in Public Administration from American University.

Assumption Webinar WorkgroupASWM’s Assumption Project Workgroup Members have been meeting monthly for more than two years. Comprised of state, tribal, federal and academic experts, ASWM’s Assumption workgroup has more than 30 members. Each month, the workgroup has tackled complex issues around assuming the 404 Program. These have included dialogue around conducting regulatory crosswalks, completing assumable waters analysis, developing memoranda of understanding, and more. Workgroup members will join in presenting key findings and lessons learned.

Brenda Zollitsch, PhD, ASWMBrenda Zollitsch is Senior Policy Analyst at the Association of State Wetland Managers. Over the last two years, Brenda has led ASWM’s Assumption Project, coordinating the project workgroup, dialogues and research to develop the resources that will be presented during this webinar. At ASWM, Brenda conducts research and policy analysis on wetland and stream issues; works to analyze and respond to emerging wetland-related rules and regulations; manages projects; and designs, coordinates and evaluates training for wetland professionals. Brenda is also currently leading a multi-year national project on Wetland regulatory Capacity Building. Brenda earned a double Master’s degree in International Relations and Environmental Resource Management from Boston University and her PhD in Public Policy from the University of Southern Maine’s Muskie School of Public Service.


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A Certificate of Participation to be used toward Continuing Education Credits will be available for this webinar. Free Certificates of Participation are a benefit of ASWM membership. Non-Members who request a certificate will be charged a processing fee of $25.00. You will have up to 60 days to retrieve your certificate. Certificates are not available for viewing recorded webinars. More Information can be found here.

Conducting Federal-State/Tribal Regulatory Crosswalks for Clean Water Act Section 404 Assumption

Monday, March 22, 2021 - 3:00 – 4:30 pm Eastern

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  • Heather Mason, Florida Department of Environmental Protection
  • Barbara Poage, Oregon Department of State Lands
  • Les Lemm, Minnesota Board of Water and Soil Resources

Abstract: In the assumption planning process, states and tribes must complete a regulatory crosswalk. The purpose of the crosswalk is to examine any differences between state and federal standards and to provide insights into any gaps that may need to be filled. The regulatory crosswalk allows states and tribes to show that the final program, when ready for assumption, provides a no less stringent than federal regulatory program. This webinar will discuss the basics of regulatory crosswalks and provide three different experiences from states that have completed or are in the process of completing a regulatory crosswalk as part of their assumption planning process. Presenters will include staff from Florida (which recently assumed the 404 Program), Oregon which has completed the crosswalk but is still in the process of developing their assumption package, and Minnesota, which is in the early phases of conducting their analysis. Each presenter will share when in the assumption process they conducted their crosswalk, what process and format they used to conduct it, and any challenges they encountered. They will share what their crosswalk found/is finding, whether there were any gaps or inconsistencies that needed to be addressed and how they filled them. Each presenter will share lessons learned and tips for others planning to conduct a regulatory crosswalk. The webinar will end with a Q&A session with the presenters.


Heather MasonHeather Mason is an Environmental Administrator at the Florida Department of Environmental Protection, leading the Submerged Lands and Environmental Resources Coordination program’s training and rulemaking team. Her team is currently working on Florida’s 404 assumption effort. Her education includes an M.S. in Environmental Science and B.S. in Environmental Management. She is also a certified Professional Wetland Scientist (PWS). 



Barbara PoageBarbara Poage is a Hydrogeologist with 20+ years in environmental and hydrologic consulting for private sector, tribal, non-profit, industrial, and state and federal government. She has managed innumerable environmental investigation and remediation projects throughout the west coast, has served as a tribal Superfund (CERCLA) Program Manager in New Mexico, and has excelled in state and federal rule and statute application and interpretation throughout her career. She has worked for Oregon Water Resources Department in water rights for many years and is currently the Clean Water Act 404 Assumption Analyst for Oregon Department of State Lands. Barbara holds a Bachelor of Science in Geology from University of Idaho and a Masters in Hydrology from New Mexico Institute of Mining and Technology. As well, Barbara is an instrument-rated pilot and FAA Part 107 Certified sUAS (drone) Pilot Operator and small business owner (Right Strut Aviation LLC).


Les LemmLes Lemm is the Wetlands Section Manager for the Minnesota Board of Water and Soil Resources. He is responsible for overseeing implementation of the State Wetland Conservation Act, Minnesota’s comprehensive wetland protection law, including a robust wetland banking program. He has a variety of other experience, including working as a charter boat captain on Minnesota’s Lake of the Woods, a natural resource consultant, and the District Manager for the Lake of the Woods Soil and Water Conservation District. Les has a Bachelor’s degree in Natural Resource Management from the University of Minnesota and a Master’s degree in Resource Economics from North Dakota State University. 


Register Here
A Certificate of Participation to be used toward Continuing Education Credits will be available for this webinar. Free Certificates of Participation are a benefit of ASWM membership. Non-Members who request a certificate will be charged a processing fee of $25.00. You will have up to 60 days to retrieve your certificate. Certificates are not available for viewing recorded webinars. More Information can be found here.