Cypress Environment & Infrastructure does the environmental work that decides whether, where and how a site on the Gulf Coast can be built: wetland and stream delineation, jurisdictional determinations, Clean Water Act and coastal permits, compensatory mitigation, protected-species surveys, NEPA documentation and construction stormwater compliance. We are licensed in Mississippi, Alabama, Louisiana and Florida, and we work with the Mobile, Vicksburg, New Orleans and Jacksonville Districts of the U.S. Army Corps of Engineers (USACE) and the state agencies that review alongside them.
This page maps that work: what each service answers, which one you need first, how the rules differ by state, and where each topic is covered in depth.
Reviewed by: Cynthia (Cindy) Henderson, PE, PWS, President, Cypress Environment & Infrastructure
Last reviewed: October 6, 2026
Change log: October 2026, page rewritten from a short service overview; regulatory status checked October 5, 2026.
What We Do, in the Order a Project Usually Needs It
Wetland and stream delineation
A delineation fixes the boundary of wetlands and other waters on the ground. We follow the 1987 Corps of Engineers Wetland Delineation Manual and the Atlantic and Gulf Coastal Plain Regional Supplement (Version 2.0, 2010), documenting vegetation, hydric soils and hydrology at paired sample points on the regional data form, then flagging and mapping the line. Florida also has its own wetland methodology for state Environmental Resource Permits (Chapter 62-340, F.A.C.), so a Florida site may need both a federal and a state boundary. Streams are classified as ephemeral, intermittent or perennial, because that call drives both jurisdiction and stream mitigation. Method and deliverables are on our wetland delineation page; state detail is on the Mississippi, Alabama and Louisiana pages.
Jurisdictional determinations
A delineation says where the wetland is. A jurisdictional determination (JD) says whether the Corps regulates it. Only an approved JD (AJD) is a binding, appealable answer, and it is generally valid for five years under Regulatory Guidance Letter 05-02. A preliminary JD (PJD) treats the mapped features as jurisdictional so a permit can proceed; it cannot take a feature out of federal review. In Mississippi, Alabama, Louisiana and Florida the January 2023 definition of waters of the United States is enjoined, so the Corps applies the pre-2015 regulations as narrowed by Sackett v. EPA (2023) (EPA rule status page, checked October 5, 2026). Wetlands separated from a relatively permanent water by upland, such as pine flatwood depressions, are where an AJD most often changes a site plan. See approved vs. preliminary JDs, what Sackett changed and isolated wetlands.
Section 404, Section 10, Section 401 and coastal permits
Placing dredged or fill material in waters of the United States requires Section 404 authorization (33 U.S.C. 1344). Structures and work in navigable waters, such as docks, bulkheads and dredging, require Section 10 authorization under the Rivers and Harbors Act (33 U.S.C. 403). The Corps processes both under 33 CFR Parts 320-332 and evaluates individual permits against the Section 404(b)(1) Guidelines (40 CFR Part 230), which allow only the least environmentally damaging practicable alternative. Small impacts usually fit a nationwide permit (NWP); the 2026 NWPs (91 FR 768) took effect March 15, 2026 and expire March 15, 2031. A federal permit that may result in a discharge also needs state Section 401 water quality certification (40 CFR Part 121), and in the coastal zone a coastal consistency decision. Work that alters a Corps civil works project, such as a federal levee or channel, also needs Section 408 permission.
Related pages: what a Section 404 permit is, 401 vs. 404, 401 certification and coastal permits compared across MS, AL, LA and FL, coastal zone consistency, dock and pier permitting, living shorelines, types of environmental permits and how Corps districts work.
Compensatory mitigation and mitigation banking
When a wetland or stream loss cannot be avoided or minimized, the permit requires compensation under the 2008 Mitigation Rule (33 CFR Part 332 and 40 CFR Part 230, Subpart J). The rule directs the district engineer to consider mitigation bank credits first, then in-lieu fee credits, then permittee-responsible mitigation (33 CFR 332.3(b)). How many credits an impact requires depends on the district’s assessment method, which differs across our area (see the state table below). We work both sides: for permit applicants we calculate debits and locate credits; for sponsors we prepare the prospectus, the mitigation banking instrument (MBI) and the monitoring. Cypress developed the prospectus and MBI for the 1,985-acre Texas Flat Mitigation Bank and the 330-acre Lower Devil’s Swamp Mitigation Bank, both approved by the Mobile District in 2013, and completed the delineation and ecological assessments for the 166-acre Little Biloxi River Mitigation Bank.
More on mitigation banking, establishing a bank, buying credits vs. establishing a bank, the Interagency Review Team and stream mitigation.
Threatened and endangered species
A Corps permit is a federal action. If listed species or designated critical habitat may be affected, the Corps consults with the U.S. Fish and Wildlife Service or NOAA Fisheries under ESA Section 7 (50 CFR Part 402) before authorizing the work, and where an NWP pre-construction notification flags listed species, work cannot begin until the Corps confirms “no effect” or consultation is complete, even after the 45-day PCN period runs (NWP general condition 32). We start with an official species list from USFWS IPaC for the project area, then survey for the species and habitats it raises. The most common upland issue here is the gopher tortoise: federally threatened west of the Mobile and Tombigbee Rivers (Mississippi, Louisiana and southwest Alabama) and state-listed as threatened in Florida. For coastal permits we also survey submerged aquatic vegetation and shellfish. See gopher tortoise surveys and the Endangered Species Act overview.
NEPA
NEPA (42 U.S.C. 4321 et seq.) applies when a federal agency funds, permits or approves a project. The lead agency decides the level of review; the applicant or its consultant prepares documents under that agency’s direction. Since the 2023 amendments, an environmental assessment (EA) is limited to 75 pages and one year, and an environmental impact statement (EIS) to 150 pages (300 for extraordinary complexity) and two years, subject to extension (42 U.S.C. 4336a). CEQ removed its NEPA regulations effective April 11, 2025, so each agency’s own procedures now govern; for Corps permits that is 33 CFR Part 333, effective July 3, 2025. We prepare categorical exclusion documentation, EAs and the technical studies behind EISs, coordinated with ESA Section 7 and Section 106 (36 CFR Part 800) reviews. See categorical exclusions, environmental impact statements and planning services.
Construction stormwater and SWPPP compliance
Disturbing one acre or more, or less as part of a larger common plan of development, requires construction stormwater permit coverage under the state NPDES program and a written plan: a Stormwater Pollution Prevention Plan (SWPPP) in Mississippi, Florida and Louisiana, and a Construction Best Management Practices Plan (CBMPP) in Alabama. The permits differ on who may inspect and how often. Alabama’s ALR100000 (effective April 1, 2026) requires a monthly site inspection and another after any rainfall of 0.75 inch or more in 24 hours; Florida’s Construction Generic Permit requires inspection at least every seven calendar days and within 24 hours after a storm of 0.50 inch or more. We prepare SWPPPs and CBMPPs, advise on permit coverage and perform compliance inspections led by a Certified Professional in Erosion and Sediment Control (CPESC). Start with what a SWPPP requires in each state, then when to hire a construction stormwater permit consultant, stormwater compliance inspections, MS4 permit compliance and stormwater management.
Phase I environmental site assessments (limited)
We take on a limited number of Phase I ESAs, prepared to ASTM E1527-21 and EPA’s All Appropriate Inquiries rule (40 CFR Part 312), mostly for sites we are already permitting. If you need one by a closing date, call before you sign the purchase contract so we can confirm the schedule. See environmental site assessment phases and remediation services.
Floodplain, no-rise and hydrologic modeling questions that come up during permitting go to our water resources engineers (water resources engineering, no-rise certifications), and site layout goes to our civil design team, so the permit footprint and the grading plan are drawn together.
Which Study or Permit Do You Need First?
| Your situation | What you need | The criterion that decides it |
|---|---|---|
| Screening & selecting sites prior to making an offer / considering a development plan | Initial wetland assessment | NWI and soil maps indicate likely areas (but are not accurate at site scale) |
| Buying a parcel; wetlands possible but not mapped; due diligence period on purchase | Wetland delineation | We need to know a precise wetland boundary and exact wet / nonwetland acreage |
| Wetlands are mapped and you need to know if a feature is regulated (for example, it looks isolated) | Approved JD | You need a binding, appealable answer, generally valid five years (RGL 05-02). A PJD cannot show that a feature is non-jurisdictional. |
| Wetlands are mapped, you will fill some, and schedule matters more than the jurisdiction question | Preliminary JD filed with the permit request | Treats the mapped features as jurisdictional and moves straight to the permit. |
| Commercial or institutional fill of 1/2 acre or less of non-tidal waters | NWP 39 with a pre-construction notification (PCN) | 2026 NWP 39: loss no greater than 1/2 acre; PCN required for every activity; does not authorize fill in non-tidal wetlands adjacent to tidal waters. Residential subdivisions use NWP 29 (same 1/2-acre limit). |
| Fill above 1/2 acre, or work no NWP or regional general permit covers | Individual permit | Public notice and the 404(b)(1) alternatives analysis (40 CFR Part 230). |
| Dock, pier, bulkhead or dredging in navigable water | Section 10 authorization plus state coastal and submerged-lands approvals | Work in or over navigable waters (33 U.S.C. 403). In tidal waters the Section 10 limit is mean high water. |
| NWP wetland loss over 1/10 acre, or stream-bed loss over 3/100 acre, that requires a PCN | Compensatory mitigation, usually bank credits | 2026 NWP general condition 23: at least 1:1 unless the district waives it in writing; order of preference in 33 CFR 332.3(b). |
| Federal funding, permit or approval | NEPA review at the level the lead agency sets | Categorical exclusion, EA or EIS under that agency’s procedures (CEQ regulations removed April 11, 2025). |
| Land disturbance of one acre or more | Construction stormwater coverage and a SWPPP or CBMPP | The one-acre and common-plan trigger in each state’s construction general permit. |
| Property purchase where CERCLA landowner liability protection matters | Phase I ESA | ASTM E1527-21 and 40 CFR Part 312. |
How the Rules Differ in Mississippi, Alabama, Florida and Louisiana
| Mississippi | Alabama | Florida | Louisiana | |
|---|---|---|---|---|
| Corps district | Mobile (coast, Pascagoula and Tombigbee basins); Vicksburg (Delta, Jackson area, Pearl River basin); small areas of Memphis and Nashville | Mobile for coastal Alabama and most of the state | Jacksonville; Panhandle work goes through its Pensacola office | New Orleans (south); Vicksburg (north, plus the Pearl River side of Washington and St. Tammany); small areas of Galveston and Fort Worth |
| Federal jurisdiction rule | Pre-2015 regulations as narrowed by Sackett; 2023 rule enjoined | Same | Same | Same |
| Section 401 certification | MDEQ | ADEM | Issued through the state Environmental Resource Permit (Rule 62-330.062, F.A.C.) | LDEQ |
| Coastal program | MDMR coastal wetlands permit (Coastal Wetlands Protection Act, Miss. Code Ann. 49-27-1 et seq.) in Hancock, Harrison and Jackson Counties | ADEM Coastal Area Management Program: Baldwin and Mobile Counties seaward of the continuous 10-foot contour | Coastal consistency concurrence comes with the ERP | Coastal Use Permit from the Department of Conservation and Energy, Office of Permitting and Compliance (since October 1, 2025) |
| State rule that applies regardless of the federal answer | MDMR regulates tidal coastal wetlands below the ordinary high water mark | Regulated coastal uses in the coastal area need ADEM review | ERP under Chapter 62-330 with the state wetland line (Chapter 62-340); sovereign submerged lands authorization (Chapter 18-21) | The CUP applies inside the coastal zone, with its own state mitigation requirement |
| Mitigation assessment | Mobile: 2012 Compensatory Stream Mitigation SOP; WRAP for wetlands. Vicksburg: Modified Charleston Method | Mobile District methods (2012 stream SOP, WRAP) | UMAM (Chapter 62-345, F.A.C.) for state permits; confirm the Jacksonville District’s method at pre-application | New Orleans: LRAM, with streams assessed as part of the wetland feature. Vicksburg: Modified Charleston Method |
| Construction stormwater permit | MSR10 (5 acres or more); MSR15 (1 to under 5 acres) | ALR100000 (CBMPP before NOI) | FDEP Construction Generic Permit | LAR100000; LAR200000 for small sites (no NOI) |
| Gopher tortoise | Federally threatened | Federally threatened only west of the Mobile and Tombigbee Rivers | State-listed threatened (FWC permits) | Federally threatened |
State detail: Mississippi, Alabama and Louisiana wetland and permit pages, and the 401 and coastal permit comparison.
A Worked Example (Illustrative, Not a Cypress Project)
Inputs: a 40-acre commercial site in the Mobile District, inland of Mississippi’s three coastal counties. The delineation maps 3.2 acres of non-tidal wetland that abuts a perennial creek and is not adjacent to tidal waters. The site plan fills 0.40 acre of that wetland for a building pad and parking.
- Jurisdiction. The wetland abuts a relatively permanent water, so it is likely jurisdictional under Sackett. An AJD would not change the plan, so we would file a PJD with the permit request. (If the 0.40 acre were an isolated depression, we would recommend an AJD first.)
- Permit type. 0.40 acre is under NWP 39’s 1/2-acre limit, and the wetland is not adjacent to tidal waters, so NWP 39 is available. A PCN is required.
- Mitigation. 0.40 acre exceeds 1/10 acre, so general condition 23 requires compensatory mitigation at a minimum 1:1 ratio unless the district waives it in writing: at least 0.40 acre-equivalent. The credit count comes from the Mobile District’s wetland assessment of the impact and the bank’s credit type and service area, so it can be higher.
- Clock. The Corps has 30 days to determine whether the PCN is complete. Work may proceed 45 days after a complete PCN with no Corps response, unless the PCN flagged listed species or historic properties; then written Corps clearance comes first (general condition 32).
- State layer. In Mississippi, MDEQ’s water quality certification conditions and MDMR’s consistency conditions for the NWPs travel with the authorization (Mobile District public notice, February 13, 2026). If 5 acres or more are disturbed, the site also needs MSR10 coverage and a SWPPP.
Result: one NWP 39 PCN, at least 0.40 acre-equivalent of mitigation, and an earliest default start 45 days after a complete PCN if no species or historic-property trigger applies.
How We Work
- Desktop screen. NWI, soil survey, LiDAR topography, FEMA flood zones, the Corps district and coastal-zone boundaries, and an IPaC species list. Deliverable: a screening memo naming the likely permits. We check the district and coastal boundary first, because they change the forms, the state agencies and the mitigation method.
- Fieldwork. Delineation and species or habitat surveys, timed to the season the method needs. Deliverable: flagged boundary, submeter accuracy GPS map, data forms and photo log.
- Jurisdiction strategy. AJD, PJD or neither. Deliverable: the JD request package. We advise against a PJD when the goal is to show that a feature is not regulated.
- Permit package. Avoidance and minimization narrative, alternatives analysis where required, PCN or individual permit application, and the state 401 and coastal applications. Deliverable: the application set and an agency correspondence log.
- Mitigation. Debit calculation with the district’s method, a credit search in the Corps’ RIBITS database, or a permittee-responsible plan. We do not price mitigation until the district’s method and the bank service area are confirmed.
- Construction compliance. SWPPP or CBMPP, permit-condition tracking, inspections and the notice of termination.
If the screen shows you do not need us, or you need a specialist we are not, we will tell you.
Cost and Schedule
Main drivers of cost on wetland delineations:
- Site acreage
- Previous development (partially filled, cleared, converted to agriculture or silviculture all increase cost due to lack of “normal conditions”, which is Corps-speak for a natural state)
- Vegetation density
- Site access
- The number of features
- Additional studies like species surveys with seasonal windows. It is more efficient to do fieldwork all at once.
- AJD or PJD
Agency clocks we can cite: 30 days for the Corps to call a PCN complete and a 45-day default after that (2026 NWP general condition 32); statutory targets of one year for an EA and two years for an EIS (42 U.S.C. 4336a). The Corps does not publish a turnaround for JDs, and individual permits have no fixed clock but typically take 12+ months.
Recent Environmental Work
- Texas Flat Mitigation Bank: prospectus, MBI and supporting studies for a 1,985-acre former pine plantation with more than 6 miles of streams.
- Lower Devil’s Swamp Mitigation Bank and Little Biloxi River Mitigation Bank: delineation, species, habitat and functional assessments behind the bank documents.
- Marshwalk Pier at Shepard State Park: design and permits for a 1,100-foot pier over marsh and Lamotte Bayou, sited to limit effects on submerged aquatic vegetation.
- Marsh reference site assessment for MDEQ and an invasive species assessment of 26 Mississippi Coastal Preserves sites (1,797 vegetation plots).
- Restoration planning support to the New Orleans District on LCA 4 and LCA 6.
All projects: projects.
Limits and What Is Changing (as of October 5, 2026)
- WOTUS: EPA and the Army proposed a new definition in November 2025 and published a supplemental proposal on September 9, 2026. Neither is final. Until a rule takes effect we document surface connections in the field and recommend an AJD where the answer changes the site plan.
- Section 401: EPA proposed revisions to 40 CFR Part 121 in January 2026. We check the rule in effect when each certification request is filed.
- Florida Section 404: on March 27, 2026 the D.C. Circuit affirmed the vacatur of EPA’s approval of Florida’s program, and the federal government petitioned for rehearing on August 7, 2026. The Corps’ Jacksonville District processes Florida Section 404 applications.
- Florida Construction Generic Permit: FDEP has a draft revision dated July 2026; the current permit governs until a new one is adopted. Mississippi’s MSR10 general permit expires January 31, 2027.
- This page does not decide jurisdiction, permit eligibility or mitigation for any site. Those decisions come from the Corps and the state agencies on site-specific facts.
Frequently Asked Questions
What does an environmental consultant do on a development project?
Maps the wetlands, waters and protected species on the site, works out which federal, state and local approvals apply, prepares the applications and mitigation, and keeps the project in compliance during construction. The useful part is the sequence: which study comes first, and which decision it settles.
Do I need a delineation, a jurisdictional determination or a permit?
Often all three, in that order. A delineation maps the resource, a JD decides whether it is federally regulated, and a permit authorizes an impact. If you only need to know whether wetlands are on a parcel, a delineation may be enough. See can you build on wetlands.
If the Corps finds a wetland is not federally regulated, am I done?
Not always. Tidal wetlands in Mississippi’s coastal counties need an MDMR permit, Florida’s ERP program uses its own wetland line, and Louisiana’s Coastal Use Permit applies inside the coastal zone regardless of the federal answer. Local floodplain and construction stormwater rules apply either way.
Do you work for public agencies or only private owners?
Both. Cities, counties, ports and state agencies hire us for permitting on capital projects, restoration and NEPA documentation; developers and landowners hire us for site screening, delineation, permits and mitigation.
Can the same team handle the site design?
Yes. Our civil engineers work from the same delineation and permit conditions, so grading, drainage and the impact footprint are settled once instead of revised after the first agency comment.
Do you do Phase I environmental site assessments?
Yes, in limited numbers, to ASTM E1527-21. Ask about the schedule before you commit to a closing date.
Talk to Us About a Site
Send the parcel location, acreage, proposed use, any earlier studies or agency letters, and your deadline. We will tell you which Corps district and state programs apply, which study comes first, and what it will take.
Call: 228-596-1580
Email: mfoster@cypressei.com
Headquarters: 772 Howard Avenue, Biloxi, MS. Other offices: 150 Government Street, Suite 950-1000, Mobile, AL, and 13 Palafox Place, Pensacola, FL (office locations). Monday–Friday, 9 a.m.–5 p.m.