Guidance

Under section 404 of the Clean Water Act, anyone who proposes an activity that will discharge dredged or fill material into waters of the United States is required to apply for a permit from the U.S. Army Corps of Engineers. Choose a web or document link below to learn more about the Clean Water Act, related guidance, and procedures and policies involving wetlands and CDOT transportation projects. Also included are CDOT/FHWA policy and procedure documents related to transportation project development and aquatic resource protection.

CDOT Guidance and Procedures

CDOT Wetland Program Cheat Sheet

Programmatic Wetland Finding Approval MOA, 2019

Programmatic Wetland Finding Template, 2019 (REQUIRED)

Non-Programmatic Wetland Finding Checklist, 2022

Wetland Data Procedure - CDOT procedures for wetland data collection and submittal 

NEPA / 404 Merger Process and Agreement for Transportation Projects (2019 Revision)

FHWA Regulation and Guidance

Executive Order 11990 - Protection of Wetlands

Preservation of the Nation's Wetlands, Department of Transportation Order 5660.1A, 1978

23 CFR Part 777 - Federal Highway Administration Mitigation of Impacts to Wetlands and Natural Habitat

Technical Advisory T6640.8A - Federal Highway Administration Guidance for Preparing and Processing Environmental and Section 4(f) Documents

U.S. Army Corps of Engineers Regulation and Guidance

Section 404 Nationwide Permits

• Final Rule - December 2021 Reissuance and Modification of 41 Nationwide Permits
• Final Rule - January 2021 Reissuance of Certain Nationwide Permits
• 2021 Nationwide Permits Summary Table
• Regional Conditions for all Nationwide Permits in Colorado

Regional General Permits

• RGP 5 - Ditch-related Activities in Colorado
• RGP 12 Extension - Aquatic Habitat Improvement for Stream Channels in CO
• RGP 37 - Stream Stabilization Projects in Colorado
• RGP 96 - Natural Disaster Mitigation & Flood-Related Activities
• Pre-construction notification form used for RGPs

Mitigation and Monitoring

• 40 CFR Part 230 - Compensatory Mitigation for Losses of Aquatic Resources; 2008 Final Rule 
• Minimum Standards For Acceptance of Aquatic Resource Delineation Reports - Sacramento District, January 2016
• Regional Compensatory Mitigation and Monitoring Guidelines - South Pacific Division, 2015
• Regulatory Guidance Letter No. 08-03, Minimum Monitoring Requirements for Compensatory Mitigation

Clean Water Act Exemptions

Ditch Exemption - exemptions for construction or maintenance of irrigation ditches and maintenance of drainage ditches under section 404 of Clean Water Act

Maintenance Exemption - certain discharges for the maintenance, including emergency reconstruction of recently damaged parts, of currently serviceable structures such as riprap, bridge abutments or approaches, and transportation structures