Section 404 and Section 401 are different Clean Water Act tools. People say “401 vs 404” as if you pick one. On most individual wetland jobs you need both.
404 — Corps
The Corps (with EPA’s 404(b)(1) guidelines) decides whether you may discharge dredged or fill material into waters of the U.S. Nationwide or individual. This is the wetland/water fill permit.
401 — State (or tribe)
The state certifies that the federal permit will not violate state water-quality standards — or it waives, or it denies. A 401 denial or a missed 401 window can stop the federal permit even if the Corps likes the project. Conditions on the 401 become conditions on the federal permit.
How they sequence
You typically apply to the Corps and request 401 from the state in parallel. The Corps cannot issue a 404 (or many other federal licenses) until 401 is certified or waived. On the Gulf Coast that is MDEQ, ADEM, or FDEP depending on the state — plus any coastal consistency running on its own clock.
Cypress Environment & Infrastructure files the 404 and coordinates the 401 so they do not miss each other.
Questions about how this applies to a Gulf Coast site? Cypress Environment & Infrastructure works from Biloxi, Mobile, and Pensacola. Office hours are Monday–Friday, 9 a.m.–5 p.m.
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