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 (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
Technical Advisory T6640.8A - Federal Highway Administration Guidance for Preparing and Processing Environmental and Section 4(f) Documents (link takes you to the wetland part)
U.S. Army Corps of Engineers Regulation and Guidance
Clean Water Act
The Clean Water Act establishes the basic structure for regulating discharges of pollutants into certain wetlands and streams and regulating quality standards for surface waters. The EPA provides a summary of the Act and links to more resources.
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 2021 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 Memorandum
On July 24, 2020, the U.S. Army Corps of Engineers and U.S. Environmental Protection Agency issued a memorandum to the field regarding application of the exemptions under section 404(f) of the Clean Water Act for the construction or maintenance of irrigation ditches and for the maintenance of drainage ditches.
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 are exempt from the requirements under section 404 of the Clean Water Act.
