How to apply for a Section 404 permit (Corps of Engineers)
General information, not a substitute for the advice of an attorney.
Who grants it: U.S. Army Corps of Engineers, through the district Regulatory office for the county (the report names it: Fort Worth, Galveston, Tulsa or Albuquerque for Texas).
When it applies: Filling a wetland or crossing a stream the Corps finds jurisdictional, for roads, pads, trenches or gen-tie poles. Most renewable sites use a nationwide permit (often NWP 51) with a pre-construction notification; a delineation decides what is jurisdictional.
What the application asks for, and where to find it
| The application asks for | Where you find it | How |
|---|---|---|
| Location, county, coordinates, nearest waterbody | This site: the land report | The land report, page 2: coordinates, "Nearest mapped stream" and "Wetlands" rows (USGS and USFWS). |
| Wetland delineation report | Your engineer | An environmental consultant delineates in the field; the report's Studies page marks it "Triggered" when a mapped wetland or stream is near. |
| Project description, purpose, acres and linear feet of fill | Your engineer | From the site plan: each crossing or fill with its dimensions. |
| Drawings: plan view and cross sections of each impact | Your engineer | Civil drawings; the Corps asks for 8.5 × 11 sheets. |
| Adjoining property owners | Appraisal district (tax assessor) | Appraisal district maps show adjoining parcels; the Corps may require their names and addresses for public notice. |
| Owner and applicant signatures and authorization | The landowner | Owner signs block 23 or authorizes an agent. |
| Threatened species and historic property information | This site: the land report | The land report rows "Critical habitat" and "Historic sites" start it; the Corps runs Section 7 and 106 on the permit. |
What the "where you find it" column means
- This site: the land report
- Run the spot on the land report; the value is on the page named, with its agency source.
- Appraisal district (tax assessor)
- The county appraisal district record: property ID, legal description, acreage, owner of record, agricultural valuation. The report's Lease page links it; the Permits page lists the district's phone.
- The landowner
- Only the owner can supply it: signed authorization, deed reference, existing leases, access, their contact details.
- Your engineer
- From your civil or electrical engineer: site plan, disturbed acreage, drainage, the electrical one-line, nameplate and inverter data, structure heights.
- Surveyor or title company
- Boundary survey, legal description for recording, easements of record, title commitment.
- The agency's website
- The agency publishes it: forms, fee schedules, community numbers, district offices, portal accounts.
- You (the applicant)
- Your entity details: legal name, address, signatory, contacts, FEIN, insurance.
How to file it
- Find the district office for the site with the Corps office locator (the report's Permits page names it).
- Request a pre-application meeting with the delineation in hand; the district says whether a nationwide permit covers the crossings.
- File ENG Form 4345 with the drawings and delineation; the report's permit packet (page 8) returns the form with the site facts written in.
- Wait for the verification letter before any work in waters; keep the conditions with the construction documents.
Fees and clocks
For a nationwide permit pre-construction notification the Corps states its response period in the nationwide permit conditions; for individual permits, 33 CFR 325 governs. Fees, where they apply, are set in 33 CFR 325.1(f). Read the current figures on the Corps pages.
The pages you will use
Official pages cited
- 33 CFR 325.1, application contents
- ENG Form 4345
- Corps Regulatory office locator
- National Wetlands Inventory
How-to guidance from the agency pages linked above, not legal advice; forms, fees and offices change, so confirm with the office before filing. The land report fills in the site facts; the rest comes from the sources named in each row.
Related questions
General information from the sources linked above, not legal, tax, or financial advice.
Sources and helpful links
- Corps office locator regulatory.ops.usace.army.mil
- ENG Form 4345 publications.usace.army.mil
- 33 CFR 325.1, application contents ecfr.gov
- National Wetlands Inventory fws.gov
More official contacts and resources: Helpful links.