​​​Section 404​​

The Clean Water Act was designed to protect our nation’s waters (waters of the U.S.). The definition of Waters of the U.S. is determined by the Environmental Protection Agency and U.S. Army Corps of Engineers and is promulgated as federal rule. The most current definition of Waters of the U.S. can be found at the link below for the Navigable Waters Protection Rule. ​OEP provides guidance to internal city projects, facilities, and departments. Members of the public who wish to find the status of any water body/channel in Arizona as a water of the U.S. are encouraged to reach out to the U.S. Army Corps of Engineers Phoenix Regulatory Office at splregulatoryaz@usace.army.mil​ or at 602-230-6949.

A Clean Water Act Section 404 permit is required for activities that disturb the ground or add material in a water of the U.S. Seemingly routine activities such as adding riprap to stabilize the bank of a wash or constructing a road or trail across a wash, even temporarily, could trigger the need for a 404 permit. Other laws and federal and state agencies may also be involved in the 404 permitting process.​

The Office of Environ​mental Programs provides compliance guidance and policy updates on federal, state, and local surface water regulations, including stormwater and Clean Water Act Section 404, to city facilities, operations, and projects.

Related Links

United States Army Corps of Engineers​ on Arizona Section 401 Water Quality Certification ​​

Arizona Department of Environmental Quality Section 401 Water Quality Certification 

United States Army Corps of Engineers​ LA District on Section 404 Permitting ​

USACE Nationwide Permit Information ​​ 

EPA Waters of the U.S. Definition​ ​

2022 Natural/Cultural Resources Consultant Workshop 

On November 9, 2022, the City of Phoenix hosted a workshop for consultants on the city's approach to natural and cultural resource compliance. Presenters from the U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, and City of Phoenix discussed topics related to Section 404 of the Clean Water Act, Endangered Species Act, Archaeology, Historic Properties, HUD NEPA, and new City 404 guidance. The presentations can be downloaded at the link below. ​

Download presentations (ZIP)​​

Consultant Guidance​​​

This section provides resources and guidance for consultants preparing Clean Water Act Section 404 submittals for City of Phoenix projects. Please contact the City's 404 Program Coordinator for discussion and additional guidance prior to starting work on a city Section 404 compliance document, including JDs, non-notifying NWP permit use memos, NWP PCNs, or individual permits (including Section 401 certifications).

404 Consultant Manual (PDF)

JD and Project Area ArcGIS Geodatabase Template (Download ZIP)

Physical Characteristics (Download .docx)​

Cliff Swallow Flyer (PDF)

Migratory Bird Treaty Act Flyer (PDF)​

Sonoran Desert Tortoise Flyer (PDF)

Western Burrowing Owl Flyer (PDF)

This guidance is for City of Phoenix projects only. The City does not provide Section 404 review or compliance direction for private projects. Private projects can reach out to the U.S. Army Corps of Engineers​ or check out the Related Links section on this webpage. ​​​