Appendix D › IV–VI Clean Water Act; Rivers and Harbors Act; Safe Drinking Water Act

Which water laws apply to our project, and what permits do we need?

FEMA term

Clean Water Act; Rivers and Harbors Act; Safe Drinking Water Act

Short answer

The Clean Water Act requires Corps of Engineers or state permits before you discharge into, dredge or fill waters, which commonly includes bridge, stream crossing, dock, pier and marina repairs. The Rivers and Harbors Act requires Corps authorization for structures in or over navigable waters. The Safe Drinking Water Act requires FEMA to consult EPA for projects that could contaminate a sole source aquifer.

What FEMA requires

Clean Water Act: regulates pollutant discharges to waters of the United States (rivers, streams, lakes, ponds, coastlines, wetlands, estuaries) and sets surface water quality standards. Discharges into navigable waters require permits from the Corps or the state, and dredging or filling in waters requires authorization.
You must acquire applicable permits before beginning work and give FEMA documentation, which may include nationwide permit compliance statements or individual Section 404 permits.
Rivers and Harbors Act: Corps authorization is required to build any structure in or over navigable water, including bridges, causeways, dams and dikes; usually handled with the Section 404 request.
Safe Drinking Water Act: EPA may designate sole source aquifers. FEMA must consult EPA before funding a project in a sole source aquifer review area that could contaminate it.

<table class="pt-table"><thead><tr><th>Law</th><th>Triggered by</th><th>What you need</th></tr></thead><tbody><tr><td>Clean Water Act</td><td>Discharges into waters of the U.S.; dredging or filling in waters; bridges, stream crossings, docks, piers, marinas</td><td>Corps or state permits before work starts; nationwide permit compliance statements or individual Section 404 permits</td></tr><tr><td>Rivers and Harbors Act</td><td>Any structure in or over navigable water, including bridges, causeways, dams, dikes, docks, piers and marinas</td><td>Corps authorization, usually handled with the Section 404 request</td></tr><tr><td>Safe Drinking Water Act</td><td>Projects that could contaminate a sole source aquifer, in its review area</td><td>FEMA consults EPA before funding</td></tr></tbody></table>

Documentation

Section 404 individual permits or statements of compliance with nationwide permits, Rivers and Harbors Act authorizations, state water permits, and information on whether the project is in a sole source aquifer review area.

Watch out · Govstar practitioner advice

Get the permit before the excavator goes in the water. Appendix D says permits must be acquired before work begins and documented to FEMA; work done without them can lose its funding.

Govstar summarizes FEMA’s Public Assistance Program and Policy Guide in plain language and links to the official text. Govstar is independent and not affiliated with FEMA. This is general guidance, not legal advice.