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Committee advances bill to let Arkansas assume federal Section 404 dredge-and-fill permits
Summary
The Senate Public Health, Welfare and Labor Committee voted to advance House Bill 12‑61, an enabling bill to begin state assumption of Clean Water Act Section 404 dredge-and-fill permitting currently overseen by U.S. Army Corps of Engineers districts; Department of Energy and Environment Secretary Becky Keough told the committee the move would give Arkansas more local input and consistent rules.
House Bill 12‑61, an enabling bill to begin state assumption of Section 404 dredge-and-fill permitting under the Clean Water Act, advanced out of the Senate Public Health, Welfare and Labor Committee after presentation by Becky Keough, Cabinet Secretary for the Arkansas Department of Energy and Environment.
Keough told the committee the federal Section 404 program is currently implemented by four U.S. Army Corps of Engineers districts that require applicants to seek permits from multiple offices across the state. She said HB12‑61 is the first legislative step to allow Arkansas to set up a delegated state program so permitting and rulemaking can reflect local input and consistent statewide administration.
"When federal programs are available to be assumed at the state level, the state has supported that to provide more local input and more, practical and realistic rulemaking that works for Arkansas," Keough said. She described the bill as an enabling measure that would establish a process with the relevant state commission and stakeholders to draft rules and permit language and return those for legislative review before implementation.
Senator Sullivan asked for examples of dredge-and-fill activities that would be covered; Keough cited temporary activities by counties, cities and agricultural operations such as redirecting drainage ditches and stream crossings that may require wetland determinations and permit authorization to protect water quality.
No members of the public were listed as wishing to testify for or against the bill at the committee meeting. After closing remarks from the sponsor, committee members moved and seconded the measure and the chair announced the bill had passed out of committee (voice vote; formal tally not specified).
If enacted, the bill would authorize the state to begin planning for assumption of the Section 404 program and to work with the Corps and EPA, then return rules and permit language for legislative oversight before any delegated program took effect.
