Many projects that fill a small area of wetland or cross a stream can qualify for a Nationwide Permit (NWP), a general permit issued by the U.S. Army Corps of Engineers for activities with no more than minimal adverse environmental effects. Cypress Environment & Infrastructure helps private landowners, developers, builders, and contractors in Mississippi, Alabama, Florida, and Louisiana determine whether a project fits an NWP and prepare what the Corps needs to verify it.
What a Nationwide Permit is
NWPs authorize work under Section 404 of the Clean Water Act, which regulates discharges of dredged or fill material into waters of the United States, and Section 10 of the Rivers and Harbors Act of 1899, which regulates structures and work in navigable waters.
The current NWPs were published in the Federal Register on January 8, 2026, took effect on March 15, 2026, and expire on March 15, 2031. They replaced the 2021 NWPs, which expired on March 14, 2026. The 2026 action reissued 56 existing NWPs, added one new NWP, and did not reissue NWP 56 (finfish mariculture).
NWPs and individual permits are part of the same program. An individual permit involves a public notice and project-specific review. An NWP is a pre-approved authorization for work that stays within its terms. If a project exceeds an NWP’s limits, cannot meet its conditions, or would have more than minimal effects, the Corps can require an individual permit instead. Designing to fit an NWP is often worthwhile, but not always possible.
NWPs commonly used for private site work
These NWPs are the ones most often relevant to site work. Limits are from the 2026 NWPs; regional conditions can make them stricter.
- NWP 29, Residential Developments: fill in non-tidal waters for a single residence, multifamily development, or subdivision, including attendant roads, utilities, and stormwater facilities. Loss of waters cannot exceed 1/2 acre, and for subdivisions that limit is the aggregate for the whole subdivision. It does not cover non-tidal wetlands adjacent to tidal waters. A PCN is always required.
- NWP 39, Commercial and Institutional Developments: commercial and institutional buildings and attendant features, with the same 1/2-acre limit and tidal-adjacent exclusion. A PCN is always required.
- NWP 14, Linear Transportation Projects: road, driveway, and trail crossings. Loss cannot exceed 1/2 acre in non-tidal waters or 1/3 acre in tidal waters. A PCN is required if the loss exceeds 1/10 acre or there is a discharge in a special aquatic site, including wetlands.
- NWP 58, Utility Line Activities for Water and Other Substances: water, sewer, and stormwater lines, with a 1/2-acre limit per single and complete project. Oil and gas pipelines use NWP 12, and electric and telecommunications lines NWP 57.
- NWP 13, Bank Stabilization: bulkheads, riprap, and vegetative stabilization, generally up to 500 feet along the bank and an average of one cubic yard per running foot below the ordinary high water mark or high tide line, unless the Corps issues a written waiver.
- NWP 18, Minor Discharges: up to 25 cubic yards below the ordinary high water mark or high tide line, with no more than 1/10 acre of loss.
- NWP 3, Maintenance: repair, rehabilitation, or replacement of previously authorized, currently serviceable structures or fill.
- NWP 27, Aquatic Ecosystem Restoration, Enhancement, and Establishment Activities: restoration work that results in a net increase in aquatic ecosystem functions and services.
Pre-construction notification (PCN)
Some NWP activities can proceed without contacting the Corps if every term and condition is met. Others require a PCN because the NWP requires one, the work exceeds a threshold, or a general or regional condition applies, such as a potential effect on listed species or historic properties.
After receiving a PCN, the Corps has 30 days to determine whether it is complete. Once complete, the applicant 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 endangered species or historic properties review is required, where the project needs a written waiver of an NWP limit, or where water quality certification is still pending.
A PCN typically includes:
- A delineation of wetlands and other waters on the site, prepared using the Corps’ current methods. The 45-day period does not start until the delineation is submitted.
- The NWP or NWPs proposed, a project description and purpose, and impact quantities in acres, linear feet, or other units.
- How the project avoids and minimizes impacts to waters.
- A compensatory mitigation statement or plan where losses exceed 1/10 acre of wetlands or 3/100 acre of stream bed.
- Information on listed species and historic properties where they may be affected.
Regional conditions, water quality certification, and coastal consistency
Corps divisions and districts add regional conditions to NWPs, and states act on them through Clean Water Act Section 401 water quality certification and, in coastal areas, Coastal Zone Management Act consistency. States may certify an NWP with conditions or deny certification, in which case projects need an individual certification. Water quality certification comes from ADEM in Alabama, MDEQ in Mississippi, LDEQ in Louisiana, and FDEP in Florida, and coastal consistency comes from each state’s coastal program.
Cypress works with the Mobile, Vicksburg, New Orleans, and Jacksonville Districts and checks which regional and state conditions apply before recommending an NWP. Our overview of 401 and 404 permits explains how the federal and state pieces fit together.
Florida
In February 2024, a federal district court vacated EPA’s approval of Florida’s state-run Section 404 program, and the Corps resumed Section 404 permitting in Florida. A federal appeals court affirmed that decision in March 2026, and the federal government has asked the full court to rehear the case. As of this writing, Section 404 authorization in Florida, including NWPs, comes from the Corps. Florida’s state Environmental Resource Permit program is separate and still applies. Because the litigation is ongoing, confirm current status before filing.
How Cypress helps
- Wetland delineation: field delineation and mapping of wetlands and other waters, the basis for impact quantities.
- Jurisdictional review: evaluating which features are likely federally regulated and whether to request a jurisdictional determination.
- Choosing the right NWP: matching the project to the NWP that fits, or identifying when an individual permit is more realistic.
- PCN preparation: impact exhibits, avoidance and minimization narrative, and supporting documentation.
- Agency coordination: responding to Corps requests and coordinating with state agencies.
- Mitigation: purchasing mitigation bank credits or developing permittee-responsible mitigation where required. See wetland mitigation credits: buy vs establish a bank.
- Compliance through construction: tracking permit conditions and the compliance certification due after work is completed.
For how NWPs compare with other approvals a project may need, see types of environmental permits.
Frequently asked questions
How long does a Nationwide Permit take?
For NWPs that do not require a PCN, compliant work can proceed without Corps review. With a PCN, the standard review is 30 days for completeness, then 45 days from a complete PCN. Species, historic property, or water quality review can extend that, and delineation and PCN preparation come first. In practice, the Corps pauses their clock and the 75 day review + approval timeline is typically 120 days in our region.
Do I need a pre-construction notification?
NWPs 29 and 39 always require one. Others, such as NWPs 14 and 18, require one above set thresholds or for work in wetlands. General and regional conditions can also trigger a PCN.
Will mitigation be required?
Compensatory mitigation at a minimum one-to-one ratio is generally required for wetland losses over 1/10 acre that require a PCN, unless the Corps waives it in writing. In practice, it is very infrequently waived and ratios are determined per the individual bank or required assessment methodology (e.g. UMAM, WRAP, etc). For smaller losses, the Corps decides case by case. Bank credits are a common way to meet the requirement.
Can I start work before the Corps verifies my NWP?
Not when a PCN is required. Work waits for written verification or the end of the 45-day period, and in some cases written notice is required regardless.
What if my project does not fit an NWP?
It may qualify for a regional general permit issued by the district, or need an individual permit. Early delineation and site layout often determine the path.
Discuss your project
Planning work that may affect wetlands or waters? Contact Cypress Environment & Infrastructure with the site location, acreage, and what you plan to build. We will review the site, the likely permit path, and the information needed to get started.
Offices: 772 Howard Avenue, Biloxi, MS; 150 Government Street, Suite 950-1000, Mobile, AL; and 13 Palafox Place, Pensacola, FL. Hours are Monday–Friday, 9 a.m.–5 p.m. Call 228-596-1580.