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New York Construction Law Blog

Do you need a Section 404 permit for your construction project?

Posted by Karl Silverberg | Oct 13, 2021 | 0 Comments

As a member of upper-level management at a construction company here in Central Islip, you're likely well aware that there are various regulatory requirements that you must meet. One of those that you must abide by is Section 404 of the Clean Water Act. 

It's imperative that you learn more about this regulatory requirement and adhere to it to avoid unnecessarily exposing your company to legal liability.

When do Section 404 permit requirements apply?

This regulation may apply to you, no matter whether you're a real estate developer, environmental, commercial or industrial hygienist or you run a construction or demolition company. Virtually anyone who has plans to release any dredged or fill materials back into U.S. waters instead of somewhere else, such as a landfill, must abide by this rule. It doesn't matter if your project is temporary or permanent in scope. All that matters is that you plan to release sand, rock or dirt into U.S. waters. 

How do you secure a section 404 permit?

The Secretary of the Army administers the issuance of Section 404 permits through the Corps of Engineers. 

The U.S. Army Corps of Engineers will generally first assess the scope of your intended project and perform a jurisdictional determination before deciding whether to award you a permit. Should they decide to award you a permit, the Corps will provide guidance and oversight over your project to ensure that you comply with permit provisions. 

Other federal agencies, including the U.S. Environmental Protection Agency (EPA) and the U.S. Fish and Wildlife Service, may also weigh in on permitting and provide regulatory oversight of the Section 404 permit program. 

Navigating and keeping up with this and all the other New York state and federal regulatory requirements that your company may be subject to can be challenging when you're juggling a lot of different projects. It can be helpful to have your own minder on hand to ensure you remain compliant with different legal obligations such as these. 

About the Author

Karl Silverberg

Karl Silverberg Contact Me: (631) 778-6077 Email me Practice Areas: Construction Law Biography Prior to law school, Mr. Silverberg worked as a professional engineer, and has eight years of experience working as a structural engineer on public sector transportation projects. Mr. Silver...


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