Wetlands Permits

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The principal regulatory authority governing the protection of wetlands is the federal Clean Water Act Section 404 Program, administered by the U.S. Army Corp of Engineers (USACE) and the U.S. Environmental Protection Agency. Under the Clean Water Act, states have the authority to enact their own regulatory programs for wetlands and can adopt more stringent limitations than those adopted by the federal programs, 33 U.S.C. § 1251(b).

The District regulates impacts to wetlands by either:

• issuing a state certification under Section 401 of the Clean Water Act for activities requiring a U.S. Army Corps of Engineers (USACE) Section 404 permit, or
•  issuing a Department of Energy and Environment letter of authorization for activities in a wetland that are not under USACE jurisdiction, pursuant to D.C. Official Code §§ 8-103.06 and 8-103.13.

For more information, please see the Department of Energy and Environment Interim Policy on Wetlands in the District.