Here is an interesting site with maybe some explanations of why different areas have different approaches to 404.
Below you will find an excerpt from the site:
http://www.cleanwateract.org/pages/c7.htm --------------------------------------------
Are there exemptions to Section 404 permits?
Section 404( f) exempts some activities from regulation under Section 404. These activities include many ongoing farming, ranching, and forestry practices. These practices do require a permit, however, if the dredging or filling will create a new use for the water “that will impair the flow, circulation or reach of the navigable waters in question.”
Who issues permits to alter wetlands, and leads enforcement of Section 404?
The Army Corps of Engineers administers the Section 404 program. It makes individual permit decisions and develops policy and guidance. Some states have taken parts of the 404 responsibilities from the Army Corps. **** In addition, every general permit is essentially implemented and enforced by the state. ****
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I hope that this helps clean up some of the issues we all see from state to state and how and if we are told that a permit is needed.
