Guidance

Below are guidance documents, legislation links, and permitting information to guide CDOT staff and consultants through transportation project delivery and aquatic resource protection.

Clementsia rhodantha

CDOT Guidance and Procedures

CDOT Wetland Program Cheat Sheet

Programmatic Wetland Finding Approval MOA, 2019

Programmatic Wetland Finding Template (REQUIRED)

Non-Programmatic Wetland Finding Checklist, 2022

Wetland Data Procedures - CDOT procedures for wetland data collection and submittal 

NEPA / 404 Merger Process and Agreement for Transportation Projects (2019 Revision)

FHWA Regulation and Guidance

Executive Order 11990 - Protection of Wetlands

Preservation of the Nation's Wetlands, Department of Transportation Order 5660.1A, 1978

23 CFR Part 777 - Federal Highway Administration Mitigation of Impacts to Wetlands and Natural Habitat

Technical Advisory T6640.8A - Federal Highway Administration Guidance for Preparing and Processing Environmental and Section 4(f) Documents (link takes you to the wetland part)

U.S. Army Corps of Engineers Regulation and Guidance

Update on the Waters of the U.S. 2023 Rule - On May 25, 2023, the U.S. Supreme Court ruled in favor of the plaintiff in Sackett v. Environmental Protection Agency. In light of this decision, the agencies are interpreting the phrase “waters of the United States” consistent with the Supreme Court’s decision in Sackett. The agencies are developing a rule to amend the final "Revised Definition of 'Waters of the United States'" rule, published in the Federal Register on January 18, 2023, consistent with the U.S. Supreme Court’s May decision. The agencies intend to issue a final rule by September 1, 2023. 

Clean Water Act

The Clean Water Act establishes the basic structure for regulating discharges of pollutants into certain wetlands and streams and regulating quality standards for surface waters. The EPA provides a summary of the Act and links to more resources.

Section 404 Nationwide Permits

Regional General Permits

Mitigation and Monitoring

Clean Water Act Exemptions

Ditch Exemption Memorandum
On July 24, 2020, the U.S. Army Corps of Engineers and U.S. Environmental Protection Agency issued a memorandum to the field regarding application of the exemptions under section 404(f) of the Clean Water Act for the construction or maintenance of irrigation ditches and for the maintenance of drainage ditches.

Maintenance Exemption
Certain discharges for the maintenance, including emergency reconstruction of recently damaged parts, of currently serviceable structures such as riprap, bridge abutments or approaches, and transportation structures are exempt from the requirements under section 404 of the Clean Water Act.

Colorado Department of Public Health and Environment

Only July 6, 2023, the CDPHE published Clean Water Policy 17, Enforcement of Unpermitted Discharges of Dredged and Fill Material into State Waters, to exercise enforcement discretion for discharges of dredged or fill material into state waters that are not subject to federal section 404 permitting following the Sackett v. EPA decision. 

For impacts to aquatic resources that were federally jurisdictional before the Sackett decision but are no longer considered a waters of the United States, project proponents should notify the CDPHE about discharge activities using the online notification system.