Dredging and Filling in the United States

Dredging and Filling in Environmental Law

The Clean Water Act controls dredging, filling, and other activities that may disturb or change a water body by removing or placing material within it. Although this provision of the law may appear to have limited application, it has been extended both in activities and locations regulated.

Dredge and fill activity includes not only disposal, but intentional (and unintentional) placement of dirt, pillars, debris, and other materials in waterways. These activities often become an issue when developers convert wetlands to dry land. Plowing within a wetlands is also considered filling, since dirt from the furrow will fall to either side of the blade.

Some activities within waters or wetlands are exempted from permitting if specified impacts are avoided. Maintenance, temporary roads, and a few agricultural projects fall within the exemptions. Also, the U.S. Army Corps of Engineers or a state may issue general permits. If an endeavor fits within the terms of a general permit, an individual permit need not be obtained [see taking].

The Corps of Engineers has primary responsibility for this provision (Section 404) of the Clean Water Act. It issues individual and general permits for dredge and fill operations. Through interpretation of the law by the EPA and the Corps, endorsed by the courts, the need for a permit extends to wetlands as well as rivers, streams, and other waters.
Based on “Environment and the Law. A Dictionary”.