Section 404 permit authority given back to states
In a move that is projected to create jobs and hasten construction projects, including home building, the power of decision-making when it comes to Section 404 permit authority has been given back to the state level.
The U.S. Army Corps of Engineers (USACE) has released a memorandum taking initial steps to empower U.S. states and tribes in assuming Section 404 permit authority under the Clean Water Act (CWA). In taking on this authority, States and tribes can accelerate job-creating economic development and infrastructure, all while continuing to protect the environment.
Letters have been sent to all 50 state governors and the tribal leaders for all the federally recognized tribes encouraging them to assume what has been traditionally a federal government permitting ability.
Under Section 404 of the Clean Water Act, a permit is required before dredged or fill material can be discharged into navigable waters or certain wetlands.
Activities undertaken using these permits are infrastructure projects like highways or airports, mining operations, dam or levee construction, or other economic development, according to the USACE. To date, only Michigan and New Jersey have assumed administration of the Section 404 program while the USACE retains permitting authority for the rest of the country.
"This action supports this administration's dedication to infrastructure by providing states and tribes the clarity they need to better balance their environmental protection mission with their economic development goals," said R.D. James, assistant secretary of the Army for Civil Works. "In my view, implementing Section 404 in this clear and decisive manner not only adheres to the language of the statute and the intent of Congress when enacting Section 404(g), but it is also in the overall best interest of the Army and the regulated public.”
The National Association of Home Builders is in support of the changes, saying it will lessen regulations that burden the industry.
Randy Noel, chairman of the NAHB and a custom home builder from LaPlace, La., supports the Trump administration’s announcement that clarifies over which waters states can assume Clean Water Act Section 404 permitting authority rather than the federal government.
“NAHB commends this latest action by the Trump administration to enact common-sense solutions to reduce regulatory burdens for small businesses,” Noel said in a statement issued by the NAHB. “The Army Corps of Engineers’ recent memorandum will help to promote the federal/state partnership envisioned by the Clean Water Act, reduce duplicative administrative burdens and create a more streamlined authorization process for builders and developers whose projects occur near wetlands. In turn, this will boost housing affordability while also protecting our nation’s wetlands and waterways.”
“We are hopeful that by providing this clarity, more states will take steps to assume Section 404 permitting authority,” Noel added.
The U.S. Army Corps of Engineers (USACE) has released a memorandum taking initial steps to empower U.S. states and tribes in assuming Section 404 permit authority under the Clean Water Act (CWA). In taking on this authority, States and tribes can accelerate job-creating economic development and infrastructure, all while continuing to protect the environment.
Letters have been sent to all 50 state governors and the tribal leaders for all the federally recognized tribes encouraging them to assume what has been traditionally a federal government permitting ability.
Under Section 404 of the Clean Water Act, a permit is required before dredged or fill material can be discharged into navigable waters or certain wetlands.
Activities undertaken using these permits are infrastructure projects like highways or airports, mining operations, dam or levee construction, or other economic development, according to the USACE. To date, only Michigan and New Jersey have assumed administration of the Section 404 program while the USACE retains permitting authority for the rest of the country.
"This action supports this administration's dedication to infrastructure by providing states and tribes the clarity they need to better balance their environmental protection mission with their economic development goals," said R.D. James, assistant secretary of the Army for Civil Works. "In my view, implementing Section 404 in this clear and decisive manner not only adheres to the language of the statute and the intent of Congress when enacting Section 404(g), but it is also in the overall best interest of the Army and the regulated public.”
The National Association of Home Builders is in support of the changes, saying it will lessen regulations that burden the industry.
Randy Noel, chairman of the NAHB and a custom home builder from LaPlace, La., supports the Trump administration’s announcement that clarifies over which waters states can assume Clean Water Act Section 404 permitting authority rather than the federal government.
“NAHB commends this latest action by the Trump administration to enact common-sense solutions to reduce regulatory burdens for small businesses,” Noel said in a statement issued by the NAHB. “The Army Corps of Engineers’ recent memorandum will help to promote the federal/state partnership envisioned by the Clean Water Act, reduce duplicative administrative burdens and create a more streamlined authorization process for builders and developers whose projects occur near wetlands. In turn, this will boost housing affordability while also protecting our nation’s wetlands and waterways.”
“We are hopeful that by providing this clarity, more states will take steps to assume Section 404 permitting authority,” Noel added.