Maintenance activities that involve dredge or fill of material within a Water of the U.S. can usually be permitted under the Section 404 Nationwide Permit Program (NWP). These permits address specific activities that would result in pre-approved impacts, and authorizes those activities and impacts as long as the permittee complies with the conditions of published permit being sought. Some activities that typically do not require 404 permits are grass and wildflower establishment, noxious weed control, chemical vegetation control, right of way mowing and trimming.

There are currently over 40 types of nationwide permits, with several that are frequently used to permit maintenance activities. With few exceptions, anticipate that pre-construction notice (PCN) will be required and provided to the USACE prior to the work being performed. Once an approval has been obtained from the USACE, the activity may commence. Plan ahead and consult with your district environmental coordinator to determine the most appropriate 404 permit type. A listing of all 404 Nationwide Permits can be located on the USACE website.