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    Section 404: Clean Water Act

    The Clean Water Act is intended to protect our nation’s waters (waters of the U.S.). What is considered waters of the U.S. is determined by the Environmental Protection Agency and is promulgated as federal rule. Section 404 of the Clean Water Act regulates the discharge of dredge or fill material in those waters. In Arizona, the U.S. Army Corps of Engineers reviews and provides permits under Section 404. Members of the public who wish to find the status of a water body or channel as a water of the U.S. or want to know if they need a Section 404 permit are encouraged to reach out to the U.S. Army Corps of Engineers Phoenix Regulatory Office at splregulatoryaz@usace.army.mil or at 602-230-6949. 

    Verde River with water flowing surrounded by desert landscape

    The Office of Environmental Programs provides Section 404 compliance guidance and policy updates on federal, state, and local surface water regulations to city facilities, operations, and projects. If you are a consultant working for the City of Phoenix on a project, guidance resources are below. Please contact the City’s 404 Program Manager at 602-256-5669 before contacting a regulatory agency for Section 404 or wildlife compliance. 

    Verde River with water flowing surrounded by desert landscape

    Consultant Guidance

    The following resources and guidance are for consultants working for the City of Phoenix preparing Clean Water Act Section 404 submittals. Please contact the City’s 404 Program Manager prior to starting work on a City Section 404 compliance document, including JDs, non-notifying NWP permit use memos, NWP PCNs, or individual permits (including LOPs and Section 401 certifications). 

    404 Consultant Manual

    JD and Project Area ArcGIS Geodatabase Template

    Physical Characteristics

    Cliff Swallow Flyer

    Migratory Bird Treaty Act Flyer

    Sonoran Desert Tortoise Flyer

    Western Burrowing Owl Flyer

    This guidance is for City of Phoenix projects only. The City does not provide Section 404 review or compliance direction for private projects. Private projects can reach out to the U.S. Army Corps of Engineers

    Natural-Cultural Resource Consultant Workshop Presentations​​

    On January 30, 2025, the City of Phoenix Office of Environmental Programs hosted a regulatory compliance workshop for consultants who work for, or are interested in working for, the City of Phoenix. We appreciate our guest speakers and all those who attended​. 

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