---
title: "Record the bars to a permit for dredged or fill material"
url: "https://ailawframework.com/practice/planning-and-environment/record-the-ways-a-development-application-may-be-determined/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A12-FL20261022-19-US"
practice_area: "Planning & Environment"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Record the bars to a permit for dredged or fill material

> Set out the two bars on the EPA page and leave both blank: a practicable alternative that is less damaging to the aquatic environment, and significant degradation of the waters. Do not choose between them.…

Canonical page: https://ailawframework.com/practice/planning-and-environment/record-the-ways-a-development-application-may-be-determined/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Planning & Environment](https://ailawframework.com/practice/planning-and-environment.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | Set out the two bars on the EPA page and leave both blank: a practicable alternative that is less damaging to the aquatic environment, and significant degradation of the waters. Do not choose between them. Do not say a permit will be issued or refused. |
| What the lawyer must review | The lawyer decides whether a permit may be issued. Section 1344(a) of title 33 says the Secretary may issue permits, after notice and opportunity for public hearings, for the discharge of dredged or fill material into the navigable waters at specified disposal sites. The EPA page says no discharge of dredged or fill material may be permitted if a practicable alternative exists that is less damaging to the aquatic environment, or if the waters would be significantly degraded. The page says the applicant must show that steps have been taken to avoid impacts, that potential impacts have been minimised, and that compensation will be provided for remaining unavoidable impacts. The section 404(b)(1) Guidelines were not opened. The page does not set out a menu of unconditional grant, conditional grant, and refusal. |
| Written for | United States |
| Applies to | [Record the ways a development application may be determined](https://ailawframework.com/practice/planning-and-environment/record-the-ways-a-development-application-may-be-determined.md) |

## Checking plan

- What the AI does: Set out the two bars on the EPA page and leave both blank: a practicable alternative that is less damaging to the aquatic environment, and significant degradation of the waters. Do not choose between them. Do not say a permit will be issued or refused.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Individual permits and general permits are different paths. The general-permit test is a separate task.
- The current scope of waters of the United States, and the section 404 exemptions, were not opened.

## Sources

- [33 USC 1344, permits for dredged or fill material](https://www.law.cornell.edu/uscode/text/33/1344) (checked 2026-10-22)
- [EPA, permit program under Clean Water Act section 404, updated 17 February 2026](https://www.epa.gov/cwa-404/permit-program-under-cwa-section-404) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*