Application for clean water act 401 water quality certification 2025

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CWA section 401 water quality certifications are issued to applicants for a federal license or permit for activities that may result in a discharge into waters of the United States (U.S.), including but not limited to the discharge or dredged or fill material.
Exempt Activities Normal Farming, silviculture, and ranching activities such as plowing, seeding, cultivating, minor drainage, and harvesting. - MUST be a part of an established (on-going) farming, silviculture, or ranching operation.
Whats Not Covered: Certain artificially irrigated areas. Many agricultural and roadside ditches. Artificial lakes or ponds, including farm and stock ponds.
Section 401 of the Clean Water Act (CWA) provides states and authorized tribes with an important tool to help protect the water quality of federally regulated waters within their borders, in collaboration with federal agencies. EPAs regulations at 40 CFR 121 address Section 401 certification generally.
401 vs 404 Permit Primary Difference The 401 permit pertains to state-issued certifications ensuring compliance with water quality standards for federally permitted activities. In comparison, the 404 permit is issued by the U.S. Army Corps of Engineers. It regulates dredging and filling activities in navigable waters.
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Under the CWA and the Porter-Cologne Water Quality Control Act, the California Water Boards have regulatory responsibility for protecting the water quality of nearly 1.6 million acres of lakes, 1.3 million acres of bays and estuaries, 211,000 miles of rivers and streams, and 1,100 miles of coastline.
The Clean Water Act (33 U.S.C. 1251, et seq.) generally prohibits the discharge of pollutants to surface waters, unless the discharge is authorized by, and in compliance with, an NPDES permit which, in California, is issued by the Regional Water Quality Control Board (Regional Board) for the region in question.

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