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 Environmental 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 Navigable Waters Protection Rule
