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 Army Corps of Engineers (COE).