Issues to Consider in State 404 Delegation

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

whether and how "Section 401 certification" is required (because Section 401 certification is triggered by the federal 404 permit);
the EPA's oversight role;
concerned citizens' access to challenges in federal court;
the process for public notice on individual permits; and
interaction with the Endangered Species Act.

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