Section 404 of the Clean Water Act prohibits the discharge of dredged or fill material to waters of the United States. In the decades following its enactment, the provisions of Section 404 have expanded dramatically through judicial and regulatory interpretation. Today, Section 404 applies to a wide range of activities in or near rivers, streams, lakes, ponds, ditches, and wetlands.
It often is not obvious that a property contains regulated wetlands or that activities will discharge dredged or fill material. Landowners, developers, and farmers have been fined, ordered to reconstruct wetlands and stream banks, and even criminally prosecuted for unintentional violations of wetlands regulations. If an area is near a permanent or intermittent stream, ditch, or water body, or is periodically boggy or flooded, it is prudent to assess whether wetland requirements apply before construction, stream bank maintenance, drainage improvements, or farming in that area.
We assist landowners, farmers, developers, and businesses in assessing whether federal and state wetland requirements apply to their activities. If wetland restrictions apply, we advise clients regarding options for minimizing their impact, such as streamlined permitting under the federal Nationwide Permit process. We also represent clients in negotiations, permitting, and enforcement proceedings involving U.S. EPA, the U.S. Army Corps of Engineers, and state agencies.
Swampbuster Restrictions
Farmers’ benefits under some federal farm programs are conditioned on not damaging wetlands on their farms. We help farmers to identify the farming or drainage activities that might jeopardize these benefits, or defend them against government attempts to revoke the farmers’ participation in these programs.
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