Section 404 of the Clean Water Act regulates the discharge of dredged and fill materials into a waters of the United States.

These regulations include discharges to wetlands. Regulated activities include deposits of dredged or fill material from such activities as land development, dam construction, highway projects and conversion of wetlands to uplands for farming and forestry.

The Pit-Falls: In desert climates, few people realize that dry washes (ephemeral streams) are included within this regulatory definition of waters of the United States. Violation of these permit requirements can result in not only significant fines, but also in serious delays in construction plans.

Denby Law has extensive experience advising clients on compliance with 404 permitting requirements, ranging from small and large land development operations to mining and stream relocation projects.