Section 404 Limitations on Wetlands Development
The Clean Water Act prohibits “the discharge of any pollutant by any person” except as authorized by that Act. 33 U.S.C. § 301(a). Most discharges from point sources are regulated by the Environmental Protection Agency (EPA) or an authorized state pursuant to the National Pollutant Discharge Elimination System (NPDES Permits). 33 U.S.C. § 1342. Discharges of “dredged or fill material” into navigable waters, however, are regulated by Corps of Engineers under the Section 404 Program. 33 U.S.C. § 1344.
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