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Discharges of Dredge and Fill Material into State Waters

Division staff member in a yellow vest and jeans walking in a field next to a body of water under a blue sky with mountains in the distance

House Bill (HB) 24-1379 directs the Water Quality Control Division to implement a dredge and fill authorization program and the Water Quality Control Commission to promulgate rules for individual permitting and mitigation by Dec. 31, 2025.

As of Jan. 1, 2025, any person seeking authorization to discharge dredged or fill material into state waters that are not subject to federal jurisdiction shall apply for a Temporary Authorization from the division. Temporary Authorizations recognize Nationwide (NWP) and Regional General Permits (RGP) issued by the US Army Corps of Engineers as valid authorizations to discharge dredged or fill material into state waters.

For information on the division’s engagement efforts, including public meetings, meeting materials, and opportunities to provide feedback, please visit the dredge and fill engagement webpage.

Temporary Authorizations

Temporary Authorizations are required for projects that occur in non-WOTUS state waters and meet one or more of the below criteria: 

  • Require pre-construction notification; or
  • Require compensatory mitigation.

Temporary Authorizations are not required for projects that that meet one or more of the below criteria: 

  • Occur in Waters of the United States;
  • Occur in isolated state waters (this is a separate authorization);
  • Can proceed without pre-construction notification under the relevant NWP or RGP;
  • Constitute exempted activities listed in C.R.S. 25-8-205.1(2)(8)(b); or
  • Constitute excluded water features listed in C.R.S. 25-8-205.1(2)(8)(d).

Temporary Authorization application materials are located at the links below. 

To complete the application:

  1. Download and complete the Dredge and Fill Temporary Authorization application.
  2. Please use the Submit Application button below to submit project notification. Attach the completed application at the bottom of the form.

The application must be signed and certified that it is complete and accurate to the best of the applicant’s knowledge in order for the division to process the application. Once the division receives a complete application, the division has 45 days to issue an authorization. If you have questions, please email cdphe_df_wqcd@state.co.us.

Request for public comment

The draft of COD000000 General Authorization for Discharge of Dredged and Fill Materials Into Isolated State Waters is available for a 60-day public comment period until August 11, 2025. 

Draft of COD000000 

*Please use this comment form to submit your feedback. Download the form and email it to cdphe_df_wqcd@state.co.us.

Additional information

 

To support potential project proponents, the division provided Temporary Authorization training on March 6, 2025. During this training, the division provided an overview of key components of Temporary Authorizations, explained application requirements, including compensatory mitigation, demonstrated where to find materials and resources, discussed the timing of the process, and provided an opportunity for participants to ask questions. Temporary Authorization training materials, including the presentation and recording, are located in this public folder.

 

The division will be required to initiate consultation with Colorado Parks and Wildlife (CPW) for activities that require compliance with Nationwide Permit General Condition 32(d)(2). If consultation is required, CPW will not exceed 25 days to respond to the consultation request. Pre-application consultation with CPW is not required but highly recommended. If a pre-application consultation is conducted with CPW, providing written documentation of CPW’s response to the project may satisfy the coordination requirements, resulting in quicker processing times.

For more information, please review the Memorandum of Understanding (MOU).

 

In the draft of Regulation 87, 33 C.F.R. Part 332 (commonly known as the federal 404(b)(1) Guidelines) are incorporated by reference. In accordance with the State Administrative Procedure Act, incorporated materials must be readily available to the public. The version of the 404(b)(1) Guidelines incorporated into the draft of Regulation 87 (effective on May 29, 2024) is located in this public folder.

 

Prior to Jan. 1, 2025, the division used Clean Water Policy 17 to provide enforcement discretion for unpermitted dredge and fill activities in state waters. Projects that (1) provided notification to the division and (2) had a start date between July 6, 2023, and Dec. 31, 2024, may proceed under the terms and conditions of Clean Water Policy 17. Projects that meet these criteria do not need to apply for a Temporary Authorization unless the project start date is changed to 2025.

  • Policy CW17: Enforcement of Unpermitted Discharges of Dredged and Fill Material into State Waters
  • Summary of Comments and Response: CW-17 Enforcement of Unpermitted Discharges of Dredged and Fill Material into State Water.

 

Questions regarding the division’s dredge and fill program can be directed to: