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Section 404 Limitations on Wetlands Development

William F. Funk, Resources Development, Environmental Land Management, and Permitting (1996)

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.