Control of 404 activities

It is possible for states to take over some of the responsibility for administering the 404 program, whether through assumption of the program, general permits or some other agreements.

Issues of concern regarding state administration include:

• whether and how Section 401 (state water quality) certification is required (Section 401 certification is triggered by the federal 404 permit);
• citizen access to challenges in federal court;
• public notice on individual permits; and
• loss of Endangered Species Act consultation.

Michigan and New Jersey have taken on parts of the 404 program.

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