State and Tribal Legislation and Studies related to CWA Section 404(g)

This page has state and tribal legislation, studies, and other documents related to their efforts to assume the CWA section 404 program.  These were submitted to the NACEPT subcommittee on Assumable Waters, by the subcommittee members, for their use and consideration.

Please Note: Many of these documents were provided to EPA in a format that we cannot ensure compliance with Section 508 requirements.  Others were created before accessibility requirements under Section 508 were in effect. If a document is not accessible to you and you need a reasonable accommodation, please contact th subcommittee's Designated Federal Official, Ms. Laura Bachle at [email protected] and we will work with you.

• Alaska Legislative Letter - 2014 (pdf) (257.47 KB, 1-24-2014)
  This is a state of Alaska legislative letter regarding Senate Bill 27 establishing authority to evauate and apply to assume the CWA section 404 program.
• Michigan Interstate Water Examples (pdf) (5.85 MB, 11-20-2105)
  These power point images of interstate waters were submitted by Ms. Fish of Michigan's Department of Environmental Quality.
• Minnesota 1989 Feasibility Study (pdf) (6.36 MB, 8-31-1989)
  Minnesota's 1989 CWA section 404 Assumption Feasibility Study
• Minnesota's 1993 study: Assumption of the Section 404 Program (pdf) (370.72 KB, 2-1-1993)
  Minnesota's 1993 study, describes several issues and options to address these if the state were to pursue assumption of the CWA section 404 program.
• Minnesota Briefing Paper - 404 Assumption (pdf) (299.1 KB, 12-2014)
  Briefing Paper on Clean Water Act Section 404 Assumption in Minnesota; Prepared by Minnesota Department of Natural Resources and the Board of Water and Soil Resources in December 2014
• Minnesota's 2015 Wetland Conservation Act Statute Changes (pdf) (334.59 KB, 9-10-2015)
  This is a summary of Minnesota's 2015 Wetland Conservation Act Statute Changes: Summary of Key Statute Changes and Related Legislation with Explanations
• Oregon's legislation SB 172 (pdf) (51.07 KB, 6-6-2001)
  Oregon's enrolled Senate Bill 172 relating to the Division of State Lands permitting authorities for the dredging and filling of materials in Oregon's waters.
• Final Report On the State of Oregon’s Proposed Assumption of Clean Water Act §404 Permit Authority and Integration of Endangered Species Act Requirements (pdf) (299.74 KB, 3-12-2014, 9)
  This is summary of the effort undertaken by Oregon, EPA, USFWS, NMFS, and the USACE regarding ESA integration into Oregon's potential assumption of CWA section 404.
• Virginia's CWA section 404 Feasibility Study - 2012 (pdf) (1.93 MB)
  This is a final report entitled "Study of the Costs and Benefits of State Assumption of the Federal section 404 Clean Water Act Permitting Program" submitted to the Governor Robert McDonnell and the General Assembly of Virginia in December of 2012.