Discharges of Dredged and Fill Material into State Waters

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. Until permitting and mitigation rules are established, the division will:

• Recognize nationwide and regional general permits issued by the US Army Corps of Engineers as being valid authorizations to discharge dredged or fill material into state waters (beginning Jan. 1, 2025).
• Develop and issue temporary authorizations.
• Develop a statewide general authorization for discharges to isolated state waters.
• Develop compensatory mitigation requirements.

In the interim, Clean Water Policy 17 (Enforcement of Unpermitted Discharges of Dredged and Fill Material into State Waters) remains in effect until Jan. 1, 2025.

In accordance with Clean Water Policy 17, the division intends to exercise enforcement discretion for discharges of dredged or fill material into state waters that are not subject to federal Section 404 permitting following the Sackett decision, subject to certain terms and conditions outlined in the policy.

Until Jan. 1, 2025, in order to receive the benefit of enforcement discretion under the policy, owners, and operators of any activity that will result in an unpermitted discharge of dredged or fill material into state waters should provide notification to the division using the relevant form below. This notification requirement is subject to change as the division develops mechanisms for temporary and/or general authorizations. This webpage will be updated as necessary to outline guidance for obtaining authorization for dredge and/or fill activities. 

Projects with impacts to state waters occurring between July 6, 2023, and Dec. 31, 2024, are regulated by Clean Water Policy 17. Beginning Jan. 1, 2025, project proponents will need to apply for Temporary Authorizations for project work that occurs in 2025. The Temporary Authorization will be valid for two years from the date of issuance. 

For more details about stakeholder engagement efforts for the implementation of HB24-1379 and the development of Regulation No. 87, please visit the engagement webpage.