What Is a Section 404 Permit? Who Needs One and How It Works

A Section 404 permit (often called a 404 permit) is the Clean Water Act authorization required before dredged or fill material is discharged into waters of the United States, which includes many wetlands. The U.S. Army Corps of Engineers runs the permit program. EPA co-writes the 404(b)(1) Guidelines that the Corps applies when it decides whether a discharge is allowable, and EPA has oversight authority over the program.

Cypress Environment & Infrastructure helps landowners, developers, and public agencies work through Section 404 on projects in Mississippi, Alabama, Florida, and Louisiana, from offices in Biloxi, Mobile, and Pensacola, across the Mobile, Vicksburg, New Orleans, and Jacksonville Corps Districts. This page explains who needs a 404 permit, what activities it covers, how the permit types differ, and how the process and timelines work on the Gulf Coast.

Section 404 permit at a glance

• What it regulates: the discharge of dredged or fill material into waters of the United States, including jurisdictional wetlands.
• Who issues it: the Corps of Engineers district that covers the site: Mobile, Vicksburg, New Orleans, or Jacksonville on our projects.
• Who needs one: anyone, public or private, who will place fill or discharge dredged material into a regulated water or wetland, unless an exemption applies.
• Three routes: a nationwide permit (NWP), a regional general permit, or an individual permit.
• Companion approvals: state Section 401 water quality certification, coastal zone consistency in the coastal zone, and sometimes Section 10 of the Rivers and Harbors Act.

What Section 404 regulates

Section 404 regulates the discharge of dredged or fill material. It does not regulate every activity near water. Placing fill for a building pad or road, filling a wetland to level a lot, and setting a culvert with fill around it are discharges. Excavation can also count when it results in a discharge, for example through sidecasting or the redeposit of dredged soil.

Work that is entirely in uplands, with no discharge into a regulated water or wetland, generally does not need a 404 permit. Section 404(f) of the Clean Water Act exempts certain activities, such as normal farming, ranching, and forestry practices and some maintenance work, under conditions. The exemptions are narrow, so confirm that one applies before relying on it.

The Corps often pairs Section 404 with Section 10 of the Rivers and Harbors Act for work in navigable waters, such as piers and dredging. A 404 permit is not a water quality certification. That is Section 401, issued by the state. See 401 vs 404 permit for how the two fit together.

Who needs a 404 permit?

You need to consider a 404 permit when a project will place fill or discharge dredged material in a stream, river, tidal water, marsh, or wetland, or in a feature that might be one. On the Gulf Coast, that typically includes:

• Developers and builders grading sites that contain wetlands or drainage features.
• Waterfront owners building bulkheads, living shorelines, boat ramps, or other shoreline structures.
• Cities, counties, and agencies building roads, drainage, utilities, and stormwater facilities.
• Utility and pipeline operators crossing streams and wetlands.
• Landowners restoring or enhancing wetlands, which can also involve a discharge.

What activities need a 404 permit?

• Fill for building pads, parking areas, roads, and driveways.
• Culverts, bridge approaches, and stream crossings that include fill.
• Bulkheads, riprap, and other shoreline stabilization with fill or backfill.
• Dredging with a discharge of dredged material back into a water or wetland.
• Stormwater ponds and ditches constructed in or connected to wetlands.
• Utility line trenching through wetlands where the trench is backfilled.

Whether a specific activity is a regulated discharge depends on the facts of the site and the work. The Corps makes that call.

Which waters are regulated after Sackett?

Section 404 applies only to “waters of the United States.” In Sackett v. EPA (2023), the Supreme Court held that a wetland is covered only when it has a continuous surface connection to a water that is itself a water of the United States, such as a relatively permanent stream or a traditional navigable water. Waters subject to the ebb and flow of the tide are within the regulatory definition, so tidal creeks and marsh that abut them are the usual Gulf Coast examples of regulated features.

Three points are worth knowing as of October 2026:

• EPA and the Army issued a joint memo in March 2025 stating that “continuous surface connection” means abutting or touching. Wetlands separated from a regulated water by an upland gap, berm, or similar feature are less likely to be covered on that connection alone.
• According to EPA’s rule status page, the 2023 definition of waters of the United States is subject to preliminary injunctions in Alabama, Florida, Louisiana, and Mississippi. In states where it is enjoined, the agencies apply the pre-2015 regulatory regime, interpreted consistent with Sackett.
• The agencies have proposed a new definition (a November 2025 proposal and a September 2026 supplemental notice). No final rule is in effect. The definition may change, so check the current status before you rely on it.

A feature that is outside federal jurisdiction is still not free to fill. State wetland programs, coastal programs, Florida’s Environmental Resource Permit, stormwater rules, and local rules can still apply. The reliable way to settle federal status for a site is a delineation followed, where it matters, by a Corps jurisdictional determination. See what is a jurisdictional determination, wetland delineation, and isolated wetlands.

Nationwide, regional general, and individual permits

Nationwide permits (NWPs)

NWPs are general permits issued by the Corps for activities with no more than minimal individual and cumulative adverse environmental effects. The current set of NWPs took effect on March 15, 2026, and expires on March 15, 2031. Each NWP has size limits and conditions, and each Corps district and division adds regional conditions that can make them stricter. States certify NWPs under Section 401, sometimes with conditions or denials that require an individual certification. Some NWP activities need no notice to the Corps if every condition is met. Others require a pre-construction notification (PCN). See nationwide permits.

Regional general permits

Some Corps districts issue regional general permits for specific activities in specific areas. Availability varies by district and changes over time, so ask the district or a consultant whether one covers the work.

Individual permits

Larger fills, more sensitive resources, and work that does not meet an NWP’s terms need an individual permit. Individual permits involve a public notice and comment period, an alternatives analysis, a review under the 404(b)(1) Guidelines, a public interest review, and typically a mitigation plan. They take longer and receive a closer look than NWPs. The Corps can also require an individual permit for a project that would otherwise fit an NWP if it finds the effects are more than minimal.

The Section 404 process

1. Confirm the resources and jurisdiction. A wetland delineation maps wetlands and waters. A jurisdictional determination, where requested, is the Corps’ finding on which are regulated.
2. Avoid and minimize. Adjust the layout, footprint, construction method, or timing to reduce impacts. The Corps expects this before it considers mitigation.
3. Choose the authorization. Decide whether an NWP, a regional general permit, or an individual permit fits.
4. Submit the PCN or application. Include the delineation, a project description and purpose, impact quantities, the avoidance and minimization narrative, and a mitigation statement or plan if needed.
5. Corps review and coordination. The Corps checks completeness, coordinates with other agencies, and reviews species, historic property, and essential fish habitat issues where they apply.
6. State 401 certification and coastal consistency. These run alongside the Corps review. The Corps cannot issue most 404 authorizations until certification is granted or waived.
7. Decision and permit conditions. The Corps verifies the NWP in writing or issues the individual permit, with special conditions.
8. Construction, mitigation, and compliance. Work follows the permit conditions. A compliance certification is typically due after the work is completed.

The Corps’ general process is described on our Army Corps of Engineers permitting process page.

Pre-construction notification (PCN)

A PCN is the notice that some NWP activities must give the Corps before work starts. A PCN is required when the NWP requires one, when the work exceeds a threshold in the NWP, or when a general or regional condition applies, such as a possible effect on listed species or historic properties. After a PCN, the Corps has 30 days to determine whether it is complete. Once it is complete, the applicant generally may not begin work until the Corps verifies the activity in writing, or until 45 days pass without a response. The 45-day default does not apply where species or historic property review is needed, where a written waiver of an NWP limit is needed, or where water quality certification is still pending.

Permit timelines

• NWP with no PCN: no Corps review, but every NWP condition, regional condition, and state certification condition must be met.
• NWP with PCN: the Corps’ 30-day completeness review plus the 45-day review period apply. The clocks can pause for missing information, so the practical timeline is longer. In our experience in this region, verification often takes about four months from submittal.
• Individual permit: the public notice comment period is typically 15 to 30 days, and the Corps’ regulations set a 60-day target after a complete application, with exceptions that include waiting on 401 certification and endangered species consultation. In practice, individual permits take many months. Corps data reported by the Congressional Research Service for fiscal year 2016 showed an average of 217 days for standard individual permits, compared with 40 days for general permits.
• 401 certification: by statute, a state has a reasonable period of time, not to exceed one year, to act. The Corps sets the period for a given project.

Delineation and application preparation come first and often take longer than people expect. Species and cultural resource reviews add time when they are triggered. A better estimate needs the site and the permit type.

Mitigation

Compensatory mitigation is required when a project has unavoidable impacts to wetlands or streams that the Corps finds need to be offset. Under the Corps and EPA’s 2008 mitigation rule, the options are mitigation bank credits, in-lieu fee program credits, or permittee-responsible mitigation, with a preference for banks and in-lieu fee programs where appropriate credits are available. For NWPs that require a PCN, mitigation is generally expected for wetland losses over 1/10 acre unless the Corps waives it in writing. Ratios and credit types depend on the bank or the assessment method that applies.

See what is wetland mitigation and buying credits vs establishing a bank.

Section 401 certification and coastal consistency

Most 404 authorizations also need the state to certify that the discharge will meet state water quality standards. The certifying agency is MDEQ in Mississippi, ADEM in Alabama, LDEQ in Louisiana, and FDEP in Florida.

In the coastal zone, the project must also be consistent with the state coastal program. That review runs through the Mississippi Department of Marine Resources for the three coastal counties, ADEM’s coastal program in Baldwin and Mobile Counties, Louisiana’s Coastal Use Permit program in the coastal zone, and, in Florida, the Environmental Resource Permit process. See 401 water quality certification and coastal permits compared across MS, AL, LA, and FL and coastal zone management and consistency. The federal rules that govern 401 certification are under revision, so confirm the current rule and agency procedures when you apply.

Gulf Coast notes

• Corps districts. Four districts cover our work: Mobile (the Mississippi coast, Mississippi east of the Pearl River basin, and most of Alabama), Vicksburg (the Pearl River basin and western Mississippi, including Picayune and western Hancock County), Jacksonville (all of Florida, including the Pensacola Permits Section, which serves Escambia, Santa Rosa, Okaloosa, Walton, Holmes, and Washington Counties), and New Orleans (Louisiana). The district for a given site depends on its location and watershed; DeSoto County, MS, for example, is in the Memphis District, and Alabama’s Tennessee River basin is in the Nashville District. See what a Corps district is.
• Florida. Florida assumed the state-run 404 program in December 2020. In February 2024, a federal court vacated EPA’s approval, and Section 404 permitting returned to the Corps, which handles Florida through its Jacksonville District. The D.C. Circuit affirmed the vacatur on March 27, 2026, and denied rehearing on October 7, 2026. Florida may still ask the Supreme Court to review the case. Florida’s Environmental Resource Permit applies either way.
• Site conditions. Tidal marsh, pine flatwoods, bottomland hardwoods, and developed shoreline each raise different jurisdiction, species, and mitigation questions.
• Coastal work. Docks, piers, and shoreline projects add Section 10, state coastal review, and, often, approval from the state agency that owns the submerged land. See dock and pier permitting on the Gulf Coast.
• Federal funding. If a federal agency funds or carries out the project, NEPA review may add steps. See what a categorical exclusion is.

For how a 404 permit sits with the other approvals on a project, see types of environmental permits.

What happens without a permit

Discharging fill into a regulated water without authorization is a Clean Water Act violation. The Corps and EPA can require restoration, require after-the-fact permitting, and pursue penalties. The amounts depend on the case and current law.

How Cypress helps

The first step is usually a delineation and a clear answer on jurisdiction, before an application is written. From there, Cypress Environment & Infrastructure provides:

• Wetland delineation and support for jurisdictional determination requests.
• Permit pathway selection among NWP, regional general, and individual permits.
• PCN and application preparation, including impact exhibits and avoidance and minimization narratives.
• Coordination with the Corps (Mobile, Vicksburg, New Orleans, and Jacksonville Districts) and with state 401 and coastal agencies.
• Mitigation planning and credit sourcing.
• Design of the project footprint alongside the permit footprint, through our civil engineers.

Section 404 permit FAQs

What is a 404 permit?

A 404 permit is the Clean Water Act authorization from the Corps of Engineers for discharging dredged or fill material into waters of the United States, including many wetlands. It can take the form of a nationwide permit verification, a regional general permit, or an individual permit.

Who needs a Section 404 permit?

Anyone who will place fill or discharge dredged material into a regulated water or wetland, unless an exemption applies. That includes private landowners, developers, utilities, and public agencies.

Do I need a 404 permit to build on my property?

Only if the work will discharge dredged or fill material into a water or wetland that is regulated under the Clean Water Act. If your site has wetlands, streams, or tidal waters, a delineation will show where they are, and a jurisdictional determination can settle whether they are federally regulated. See can you build on wetlands.

Which Corps district handles a Section 404 permit in Florida?

The Jacksonville District covers all of Florida. Its Pensacola Permits Section serves Escambia, Santa Rosa, Okaloosa, Walton, Holmes, and Washington Counties. Florida’s Department of Environmental Protection assumed the state-run 404 program in December 2020, a federal court vacated that approval in February 2024, and the D.C. Circuit affirmed in March 2026 and denied rehearing in October 2026. The Corps therefore issues 404 permits in Florida, and Florida’s Environmental Resource Permit applies as well. Confirm the current status before you apply.

What is the difference between a 404 permit and a 401 certification?

The 404 permit comes from the Corps and authorizes the discharge. The 401 certification comes from the state and confirms that the discharge will meet state water quality standards. Most 404 authorizations need both. See 401 vs 404 permit.

How long does a 404 permit take?

It depends on the permit type. An NWP with no PCN requires no Corps review. A PCN carries a 30-day completeness review and a 45-day review period, with possible pauses. Individual permits generally take many months. Delineation and application preparation add time before submittal.

What is the difference between a nationwide permit and an individual permit?

A nationwide permit is a pre-approved authorization for activities with minimal effects that meet its terms and conditions. An individual permit is a project-specific review with a public notice, an alternatives analysis, and a closer look at impacts and mitigation.

Do wetlands still need a 404 permit after Sackett?

Wetlands that are waters of the United States still do. After Sackett, fewer wetlands qualify, mainly those with a continuous surface connection to a regulated water. Whether a given wetland qualifies is a site-specific question, and state and local rules may apply even when it does not.

Is mitigation always required?

No. Mitigation is required when a project has unavoidable impacts that the Corps finds need to be offset. For NWPs with a PCN, mitigation is generally expected for wetland losses over 1/10 acre unless the Corps waives it in writing. For smaller losses, the Corps decides case by case.

Talk to Cypress about your site

If your project may affect a wetland, stream, or tidal water, contact us or call 228-596-1580. Send the location, the acreage, and what you plan to build, and we will review the likely permit path and the information needed to start.

Offices: Biloxi, MS · Mobile, AL · Pensacola, FL.