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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 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.

Draft Isolated State Waters General Authorization (ISWGA)

HB24-1379 (section C.R.S. 25-8-205.1(5)(b)(III)(A)) directs the division to issue a General Authorization for Discharge of Dredged and Fill Material into Isolated State Waters (COD000000) or “ISWGA”. In June 2025, the division noticed the draft of ISWGA for a 60-day public comment period. We received 90 comments from 8 separate stakeholders. The division is currently reviewing and will respond to public comments, with final issuance anticipated in November 2025.


The ISWGA will apply to discharges of dredged or fill material into the following state waters:

  • Isolated Wetlands: Wetlands wholly surrounded by uplands. Isolated wetlands do not include wetlands within the 100-year floodplain or within 1,500 feet of an ordinary high watermark (OHWM) of other state waters.
  • Isolated Ponds and Impoundments: Ponds and impoundments that are not within the 100-year floodplain or within the 1,500-foot radius of other OHWM of state waters.
  • Isolated Ordinary High Water Mark (OHWM) Reaches: State waters with an OHWM bordered upstream and downstream by uplands.


The ISWGA will not apply to discharges of dredged or fill material into the following state waters of significant value, including:

  • Fens or Peatlands: Wetlands with organic soil classified as histosols in the guidance document titled “Field Indicators of Hydric Soils in the United States,” published by the federal Natural Resources Conservation Service.
  • Kettle Ponds: Lakes, ponds, or wetlands in formerly glaciated landscapes, formed by ice blocks left by a retreating glacier.


Projects resulting in unavoidable adverse impacts exceeding 1/10th (0.1) of an acre of wetlands or 3/100th (0.03) of an acre of streambed are not eligible for coverage under the ISWGA. Projects with impacts above these thresholds require a different type of authorization coverage (an Individual or General Authorization).

Exemptions and exclusions

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).

 

To support potential project proponents, the division hosted a mitigation banks training in partnership with the U.S. Army Corps of Engineers on Wednesday, July 16, 2025, from 10 to 11 a.m. This training outlined the federal process for developing, approving, and using wetland and stream mitigation banks, aiming to inform mitigation banking at the state level. Training materials are available in this public folder.

 

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.

 

House Bill 24-1379 directs the Water Quality Control Commission to include an exemption for voluntary stream restoration in ephemeral streams into Regulation 87. The division worked with Colorado Parks and Wildlife and stakeholders to draft a guidance document for the use of this exemption. Follow the link to review the draft guidance for the voluntary ephemeral stream restoration exemption. 

 

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.

 

For questions regarding the division’s dredge and fill program,  please contact cdphe_df_wqcd@state.co.us.