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Baker Botts lawyers regularly represent clients with respect to the federal and state regulation of wetlands and other waters of the United States under Section 404 of the Clean Water Act, and have represented clients in connection with Section 404 permitting for projects across the country. Our clients have included home builders and other developers as well as a variety of industrial concerns and trade associations.

We have counseled clients on the full range of issues that arise under the Section 404 program, including the following:

  • Determination of whether wetlands or water bodies are subject to federal jurisdiction under Section 404
  • Devising permitting strategies with respect to nationwide and other general permits and individual permits
  • Developing alternatives analyses for a wide variety of projects, ranging from housing projects to gas pipelines to landfills to large multi-use projects
  • Formulating appropriate plans for providing compensatory mitigation consistent with Corps standards