Under section 404 of the Clean Water Act, anyone who proposes an activity that will discharge dredged or fill material into waters of the United States is required to apply for a permit from the U.S. Army Corps of Engineers. Choose a web or document link below to learn more about the Clean Water Act, related guidance, and procedures and policies involving wetlands and CDOT transportation projects. Also included are CDOT/FHWA policy and procedure documents related to transportation project development and aquatic resource protection.

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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

On December 30, 2022, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers announced the final "Revised Definition of 'Waters of the United States'" rule. The Rule will be effective on March 20, 2023, and information can be found on the EPA website.

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.