This page provides information relating to 404 assumption in Minnesota, including current efforts and stakeholder information.

What is 404 Assumption? 

Section 404 of the federal Clean Water Act (CWA) regulates the discharge of dredged or fill material into waters of the U.S. (33 USC §1344).  In Minnesota, the program is currently administered by the U.S. Army Corps of Engineers (USACE) with oversight by the U.S. Environmental Protection Agency (EPA).  Section 404(g) of the CWA allows states to apply to the EPA to administer a state water and wetland regulatory program that meets Section 404 requirements (aka “404 assumption”), eliminating the need for separate, federally-issued permits for projects affecting those waters covered by state assumption. 

What has Minnesota done regarding 404 Assumption? 

While Minnesota has explored the issue dating back to 1989, more comprehensive assessments on the feasibility, benefits, and costs of 404 assumption in Minnesota were completed from 2017 - 2022 (see associated reports below).

Stakeholder Outreach and Coordination

Minnesota Efforts to Explore 404 Assumption

2022 Federal Clean Water Act Section 404 Permit Program Report on Funding Estimates

2017-2018 Federal Information Clarifying Assumable Waters

2018 Analysis of Retained and Assumable Waters in Minnesota 

Note: The follow report and mapping application of assumable and retained waters for 404 assumption purposes is based on information/guidance provided by the St. Paul District Army Corps of Engineers prior to the 2018 Department of Army Memo on the scope of retained waters (see link to memo above).

2017 Minnesota Federal Clean Water Act Section 404 Permit Program Feasibility Study

General 404 Assumption Information



Lewis Brockette
Wetlands Policy Coordinator
Les Lemm
Wetlands Section Manager