In 2015, the Minnesota legislature directed the State’s Board of Water and Soil Resources (BWSR) and Department of Natural Resources (DNR) to study the feasibility of state assumption. This page includes all reports and documents related to 404 Assumption in Minnesota. 

Section 404(g) of the Clean Water Act (CWA) allows for state “assumption” of the Section 404 permitting program. However, that assumption authority does not apply to all waters; the COE retains permitting authority over certain waters. Those Section 404-jurisdictional waters that are not retained by the COE are “assumable” by the state. More detail can be found in the 2017 Feasibility Study below.

Minnesota's 404 Assumption Feasibility Study

2017 Feasibility Study (pdf)

2017 Feasibility Study Executive Summary (pdf)

2017 Feasibility Study Resolution (pdf)

The following are the federal regulations and a handbook regarding 404 assumption by states and tribes.

Federal Regulations 40 CFR Part 233 (pdf)

2011 Handbook for States and Tribes (pdf)

Assumable Waters Analysis

As a supplement to the 404 assumption feasibility study, the state conducted an assumable waters analysis. The analysis, related documents and mapping program are below.

Analysis of Retained and Assumable Waters (pdf)

Analysis of Retained and Assumable Waters Executive Summary (pdf)

Corps of Engineers Assumable Waters Letter to MN (pdf)


Assumable Waters Mapping Application for MN



Les Lemm
Wetland Section Manager