Tribal and State Section 404 Assumption Efforts

On December 18, 2024, the U.S. Environmental Protection Agency published the final rule for the Clean Water Act Tribal and State Assumption Program. This rule became effective on January 17, 2025. See more on the final 2024 CWA 404(g) Rule here.

Assumed Section 404 Programs in the United States

While many states have explored Section 404 assumption, there are only two states -- Michigan and New Jersey -- that currently implement Section 404 programs for assumable waters within their jurisdiction. The state program annual reports and other information is below. The U.S. Army Corps of Engineers is primarily responsible for issuing Section 404 dredged and fill permits in the remaining regions of the United States, including in non-assumable waters in Michigan and New Jersey.

Section 404 Assumption Feasibility Studies

State Assumption Efforts

Aside from the states listed above, other states have explored assuming the CWA Section 404 program. Several examples of relevant state resources are provided below. Additional state feasibility assessments are summarized in the 2024 Rule's Economic Analysis. 

Tribal Assumption Efforts

As of January 2025, no Tribes have submitted a feasibility study to the EPA.