streams & wetlands
- Overview
- About Wetlands
- Land Use Planning
and Protection of Streams & Wetlands
- 404 Wetlands Law
- Bank Stabilization
- Land Protection
- Oversight
404 Wetlands Law
Montana Audubon’s public policy work has focused on the protection of wetlands and riparian areas in recent years because it is the most important bird habitat in the state. In order to better understand the threats to these important habitat types, we researched and published Impacts of the 404 Permit Program on Wetlands and Waterways in Montana and Recommendations for Program Improvement in August 2005.
Given the importance of wetlands and waterways in protecting public health and safety, providing flood protection, protecting water quality, and providing critical habitat for fish and wildlife, it is important for resource managers and citizens to understand the effects of the program that regulates the development of these resources: Section 404 of the Clean Water Act. Section 404 regulates the “discharge of dredged or fill material” (soil, gravel, rocks, or other fill material) into “waters of the United States” (rivers, lakes, certain wetlands, streams, and intermittent streams). The Section 404 permit program is administered by the U.S. Army Corps of Engineers (Corps).
The Corps tracks 404 permit requests using a database. For its report, Montana Audubon evaluated Montana-specific information contained in the Corps’ database for a Map may not display correctly in all browsers.13-year period between 1990 and 2002. A few of the study’s highlights include:
- During the study period, the Corps approved 6,261 Section 404 permits and denied 11 (a 99.8% approval level). Permits authorized impacts to almost 179 miles of streams and rivers and the filling of 899 acres of wetlands.
- Of the 3 types of 404 permits issued in Montana—Individual, Nationwide, and General—the most significant resource impacts were caused by Nationwide Permits: the alteration of 134 miles of rivers and streams and the filling of 675 acres of wetlands during the 13-year study period. Nationwide permits have no site-specific environmental assessment and no public oversight, causing concern over resource impacts being authorized by these increasingly used permits.
- Bank stabilization projects are the most controversial projects authorized by the 404 program in Montana. During the study period, these projects accounted for more than 105 miles of impacts to streams and rivers; the Corps documented mitigation for less than 2 miles of these impacts. Montana Audubon is concerned about bank stabilization projects because of their effect on natural stream process; more information on this subject appears under Bank Stabilization on our website.
The report contains several recommendations. In particular, the Corps should require mitigation for all resource impacts caused by 404 projects. Between 1990 and 2002, mitigation was documented for only 271 of the permits (4.3%) that resulted in resource impacts.
Get the Report
If you would like to receive a copy of our guide to Section 404 wetlands law, please download the PDF version here. If you would like to obtain a copy by mail, order your FREE copy by sending your name, address, and the requested item to Montana Audubon, P.O. Box 595, Helena, MT 59624; call (406) 443-3949; or email mtaudubon@mtaudubon.org.