What rules apply to work in floodplains, wetlands, coastal barriers or waterways?

• Floodplains and wetlands: PA projects must conform to 44 CFR Part 9. You review whether proposed actions are in a floodplain or wetland, and FEMA completes the 8-step process for those that are or may affect one. Document alternatives you considered. If the floodplain or wetland is the only practicable location, avoid or minimize impacts and meet any stricter federal, state or local standards (see Chapter 8).
• Coastal Barrier Resources Act: projects in a CBRS unit are eligible only under a Section 6 exception and FEMA’s CBRA rules, with Fish and Wildlife consultation. Work in or next to an “otherwise protected area” does not require that consultation.
• Clean Water Act: you must obtain Section 401 water quality certification and Section 402 NPDES permits whenever there is work in waterways or possible discharge of pollutants, including sediment. FEMA typically conditions approval on obtaining them.
• Section 404: you must obtain a permit, declare a non-reporting nationwide permit, or document that none is required, for discharging dredged or fill material into waters of the United States, including wetlands. Common triggers: dredging or filling wetlands, culvert or bridge replacements, shoreline revetments, embankment armoring, dock and pier repairs, and beach renourishment.

Documentation of alternative locations and actions you considered for work in a floodplain or wetland; any Section 401 water quality certification, Section 402 NPDES permit, Section 404 permit, or notice of using a non-reporting nationwide permit; or documentation that no permit is required.