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404 Assumption Planning
Introduction and Background
404 Assumption Committee
Documents and Resources
Contact Information

Introduction and Background
Wetlands and waterways in Oregon are protected by both state and federal laws. Projects impacting waters often require both a state removal-fill permit, issued by the Department of State Lands (DSL), and a federal permit issued by the U.S. Army Corps of Engineers (Corps).  
The Corps administers the federal program under Section 404 of the federal Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act. The U.S. Environmental Protection Agency (EPA) has the lead for enforcement under the federal Clean Water Act.
The federal Clean Water Act has a provision enabling states to assume Section 404 regulation provided the state has a waterways and wetlands regulatory program equivalent to the federal program. DSL is initiating a renewed effort to examine the benefits and risks of 404 assumption, and may pursue enabling legislation in the 2013 legislative session. If the state assumes the 404 program, only a state permit will be required in waters subject to 404 jurisdiction, which includes most wetlands. Applicants would still need permits from both DSL and the Corps in federally navigable rivers, harbors and bays subject to Section 10 of the Rivers and Harbors Act. 
Oregon has long had an interest in 404 assumption. The most recent effort resulted in the submission in December 1995 of a complete draft application package to the EPA. Between 1995 and 2005, DSL conducted outreach, including focus groups, to assess public support for state assumption. The message consistently conveyed by the public was that, given a choice between the state or federal permitting program, the public would choose the state program.
DSL also initiated EPA-required legislative changes to the state Removal-Fill Law. However, the changes enacted by Senate Bill 172 are operative only upon further legislative approval. For a variety of reasons, including questions about Endangered Species Act (ESA) consultation, DSL has not yet requested such approval.
404 Assumption Fact Sheet
Environmental Protection Agency 404 Assumption Requirements
Oregon 404 Assumption Legislative and Application Process (illustration)

404 Assumption Committee
DSL has assembled an advisory committee to provide input into the 404 assumption process. Committee members represent a wide variety of public interests, including local, state and federal agencies; agriculture; environmental organizations; and developers. 

Committee Meetings
01/31/2012 Agenda  Minutes  Attendees  EPA Presentation 
03/01/2012 Agenda  Minutes  Attendees 
Assumable Waters Presentation
Supporting maps for presentation:
Maps 1-5
Maps 6-10
Maps 11-14
04/05/2012 Agenda  Minutes Attendees

Defining Non-assumable Waters in Oregon

Q & A Presentation

05/03/2012​ Agenda Minutes Attendees 404 Program Assumption Program-Michigan
08/02/2012​ Agenda Minutes Attendees 404 Assumption Check in
12/06/2012​ Agenda Minutes Attendees
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Documents and Resources

Section 404 of the Clean Water Act
404 Assumption Handbook
Association of State Wetland Managers Section 404 Website
Federal Endangered Species Act Compliance (December 2010)
9-20-12 Congressional Hearing on State 404 Assumption 
Representational Standing
EPA letter in response to petition to withdraw Oregon NPDES permit program (March 2007)
Non-Assumable Waters
 Non-assumable Waters Summary Table 
State Wetland Regulatory Programs
Association of State Wetland Managers State Summaries
EPA Review of Michigan Section 404 Program (May 2008)
Oregon Removal-Fill Report (2009-2010) 
State Wetland Program Information (Environmental Law Institute, 2008)

Tribal Coordination
Tribal Webinar​
Webinar Participants​
Alternative Streamlining Options
Streamlining Scenarios 
Permitting Processes
Process Flow Charts 
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Contact Information
Eric Metz, Department of State Lands
503-986-5266; eric.metz@state.or.us
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