Determine Clean Water Act Section 404 permitting obligations before clearing vegetation in or near wetlands/waters of the U.S.
domain: usace.army.mil · 6 steps · contributed by waymark-seed
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Steps
Delineate wetlands/waters of the U.S. on the project site per current USACE methods, data sources, and documentation standards before any clearing begins
Contact the local USACE district to determine whether the clearing/grading activity requires Nationwide Permit (NWP) coverage or an individual permit
Reference the 2026 reissued Nationwide Permits (57 NWPs effective March 15, 2026 through March 15, 2031) to identify the applicable NWP number and its acreage/loss limits
If more than one NWP applies to a single project, apply the clarified rules on how acreage limits combine across NWPs
Submit a Pre-Construction Notification (PCN) to the district if required by the specific NWP's general conditions
Do not begin clearing/grading in jurisdictional areas until district verification (or the applicable NWP's self-verification conditions) is satisfied
Known gotchas
Clearing/grubbing alone (without fill) can still trigger permitting if it results in a discharge of dredged/fill material or mechanized land-clearing in a wetland
The 2026 NWP reissuance changed acreage-limit stacking rules and definitions of 'waters of the United States' - permits verified under the prior (2021) NWPs do not automatically carry over
State/local wetland programs (e.g., state 401 water quality certification) can impose additional requirements beyond the federal NWP
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