streams & wetlands
- Overview
- About Wetlands
- Land Use Planning & Wildlife Habitat
- 404 Wetlands Law
- Bank Stabilization
- Land Protection
- Oversight
Download Impacts of the 404 Permit Program on Wetlands and Waterways
in Montana and Recommendations for Program Improvement
The following files are in PDF format - you the free download of Adobe Acrobat Reader to view them.
- Front Cover/Table of Contents
- Executive Summary
- Chapter 1. Introduction
An overview of the report is presented, including an introduction to the 404 program, the reasons the Army Corps is charged with overseeing this program, why Audubon undertook the research for this report, and how the report is organized.
- Chapter 2. Why Protect Wetlands, Streams, Rivers and Lakes?
Montana-specific information is given while describing the main benefits of wetlands and riparian areas, including increasing pollution control to protect surface water and ground water, providing flood and erosion control, supporting economic and community values, sustaining agricultural and recreational opportunities, and providing critical fish and wildlife habitat.
- Chapter 3. Montana’s Aquatic Resources
In order to understand the 404 program, it is helpful to know which wetlands and waterways are affected by the 404 law. This chapter explains the main categories of wetlands found in Montana; which wetlands and waterways are regulated by the 404 program; and where these resources generally exist in the state. It also includes a brief discussion of how isolated wetlands in Montana are affected by a recent Supreme Court decision (SWANCC).
- Chapter 4. How the 404 Program Works
Details are presented on the 3 main types of 404 permits issued (Individual, Nationwide and General Permits), the 404-application process, how permits are evaluated, the role that various government agencies perform in the permit decision process, mitigation programs established in Montana to curb wetland losses, and how the 404 program is enforced.
- Chapter 5. Methods Used to Review the Montana 404 Program
The results found in this report were developed by examining 13 years of Montana-specific information in the Corps’ database by year, county, size of impact, and type of wetland impacted. Methods used to analyze this information are described in detail.
- Chapter 6. 404 Permits Issued in Montana by Year and Location
Between 1990 and 2002, the Corps issued 6,261 permits and denied 11 permits (an approval level of 99.8%). An overview is presented on where permits were issued in Montana, how many permits were issued each year, and the type of wetlands involved in permitted projects.
- Chapter 7. Types of 404 Permits Used in Montana
There are 3 main types of 404 permits: Individual, Nationwide and General Permits. Each is described in detail, including information on government and public involvement, the types of activities authorized, and the size of impacts authorized. Nationwide Permits are the most commonly used permits (88% of all 404 permits issued), authorizing the most impact to wetlands and streams in Montana. On a project-by-project basis, these permits do not allow for public comment or require a site-specific environmental review.
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- Chapter 8. Impacts from 404 Projects in Montana
Between 1990 and 2002, the Corps authorized impacts to 179 miles of streams and rivers, and almost 900 acres of wetlands. Mitigation for impacts to these resources appears rare (only 4.3% of the permits issued documented mitigation). Cumulative impacts to rivers from bank stabilization activities are highlighted. Problems are discussed on how the Corps records 1) permits for resource restoration and 2) permits that impact threatened and endangered species.
- Chapter 9. Conclusions and Recommendations
The main conclusion of this report is that the Section 404 program in Montana does not appear to be meeting the national goal of no net loss of wetlands. In total, the report contains seven conclusions. Under each conclusion, specific recommendations for improving the program are outlined.
- Appendices:
Appendix I: Nationwide Permits Used in Montana
Appendix II: General Permits Used in Montana
Appendix III: Denied 404 Permits. Eleven permits were denied during the study period, each is described in this Appendix.
Appendix IV: 404 Permits by County
Appendix V: References
If you have further questions, contact the Montana Audubon office, or email mtaudubon@mtaudubon.org.