Applying the Clean Water Act Section 404 Ditch Maintenance Exemption in Hampton Virginia
Under the Clean Water Act, Section 404(f)(1), certain specified activities that involve dredge and fill are exempt from permitting requirements. One of these specified exempt activities is “Maintenance (but not construction) of drainage ditches”. A “drainage ditch” is defined in 2020 joint Environmental Protection Agency Army Corps of Engineers memo as “a ditch where increasing […]