Clean Water Act § 404 Assumption Rulemaking

Tractor dredging a shallow river

Clean Water Act § 404 Assumption Rulemaking: Page 2 of 2

The CWA 404 dredge and fill program is the only state-assumable section of the CWA that Arizona has not yet assumed. If ADEQ assumes the CWA 404 program, the state would have the primary responsibility to execute the following, with EPA oversight.

  • Jurisdictional determinations;
  • Permitting;
  • Technical reviews (per the CWA § 404(b)(1) guidelines under 40 CFR Part 230);
  • Enforcement;
  • Compensatory mitigation management and development.


ADEQ would work with the U.S. Army Corps of Engineers, EPA and Fish and Wildlife service to develop an approvable program, including Memorandums of Agreement to facilitate smooth and consistent permit processes.