What is the Clean Water Act's impact on real estate development?

The Clean Water Act regulates the discharge of pollutants into navigable waters and protects wetlands, both of which directly impact real estate development. Section 404 requires a permit from the Army Corps of Engineers before filling, dredging, or building on wetlands. Developers who disturb wetlands without a permit face fines, mandatory restoration, and criminal penalties. Properties near waterways or containing wetlands may have development restrictions that significantly affect value and use.