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A Guide to Wetlands Management & Development

Section 401 Certification

Under Section 401 of the Clean Water Act and South Dakota Codified Law, anyone proposing to conduct an activity that may result in a discharge of pollutants to waters of the state and requires federal license or permit for the activity must obtain a

certification from the secretary of the Department of Environment and Natural Resources. This certification process allows the state to ensure protection of the quality of its waters, including wetlands. The certification must state that there is a reasonable assurance that the activity will not result in a violation of water quality standards and other applicable water quality controls or include any conditions necessary to do so. If you have questions on whether you need to obtain a Section 401 Certification from the state, you may contact either the Surface Water Quality Standards Coordinator with the SD Department of Environment and Natural Resources or the federal agency that issues

the federal permit. For tribal properties or jurisdictions, 401 certification is issued by the U.S. Environmental Protection Agency (EPA).

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