Wetlands - Section 404 of the Clean Water Act

Wetlands generally include swamps, marshes, bogs, and similar areas that are saturated by surface or groundwater and supports vegetation adapted for life in saturated conditions. They provide important functions including groundwater recharge, erosion control, shoreline stabilization, and fish and wildlife food and habitat.

Two Categories of Wetlands:

  • Jurisdictional wetlands contain surface waters that have a connection to “Waters of the US”
  • Non-Jurisdictional wetlands do not have a connection to “Waters of the US”

ITD’s policy is to avoid any activities that adversely affect wetlands during the design, construction, and maintenance of transportation projects. Appropriate action is taken to minimize and mitigate impacts that cannot be avoided.

Section 404 Permit – Required for discharging, dredging, or placing fill material within “Waters of the US” including wetlands to prevent quality degradation and overall loss of wetlands. Administered by the US Army Corps of Engineers (USACE).

Link to Regulations
Clean Water Act, Section 404

Links to Guidance:
ITD Environmental Process Manual

Wetland Findings for Programmatic Categorical Exclusions (June 2012)

Permit Checklist for Joint Application (April 2013)

FAQ 404 Permits


Links to US Army Corp of Engineers (USACE) / Walla Walla District Information:
USACE Wetlands Delineation Manual
USACE Arid West Supplemental
USACE Western Mountains Supplemental
June 2010 Summary of Changes-Western Mountains Supplemental
404 Permit Information-Walla Walla District
404 Permit Information-USACE Headquarters

Links to FHWA Sites:
FHWA Wetlands Publication Links