Developer Resources

Under Section 404 of the Clean Water Act, consideration must be given to the impact of a construction project on wetlands. Impacts should be avoided or minimized where practicable. Where impacts cannot be avoided, permitting and compensatory wetland mitigation may be necessary. The United States Army Corps of Engineers (USACE) manages Section 404 oversight in Oklahoma. In order to ensure compliance with regulations, developers should consult relevant guidelines and coordinate with the Tulsa District of the USACE regarding the following:

1.  Identifying any wetlands present at the project site
2. Determining if wetlands are jurisdictional and protected by Section 404,
3. Developing plans that will either avoid or minimize impacts to wetlands,
4. Acquiring the necessary permits if jurisdictional wetlands will be impacted, and
5. Designing, executing and monitoring wetland mitigation if necessary.
6. Additionally, activities where a 404 Permit is required, are potentially subject to a Section 401 Certification completed by the Oklahoma Department of Environmental Quality (ODEQ).