Corps Turns to States on CWA Permits

The U.S. Army Corps of Engineers is ready to hand over Clean Water Act permitting authority on a subset of protected waters to states and tribes. For decades, farmers and ranchers have faced confusion not only on what constitutes a water of the United States, but also where to apply for Section 404 dredge and fill permits. Many farmers have undertaken projects that require the movement of soil during construction, only to learn later they violated the Clean Water Act by not having permits.As a result, farmers and ranchers can face penalties of $37,500 per day, per violation. In addition, state and local governments often have faced federal permitting delays on a variety of construction projects.Handing the program to the states is seen as a way to streamline the program.