Wetland and stormwater permit determination
Find out which permits govern your site, and what they actually require
Enter the state, the acreage you are disturbing and a couple of site facts. You get the stormwater coverage verdict, the governing permit, the inspection frequency and stabilisation deadlines, and, separately below, whether the project needs a Section 404 wetland permit and which of the 57 nationwide permits could authorise it. Every line cites the rule it came from.
91 FR 768 · effective 2026-03-15
Also affecting a wetland, stream or other water of the United States?
A separate determination against all 57 nationwide permits under Clean Water Act Section 404. Change a number and the verdict updates with the rule that produced it.
- Permits compiled
- 57 of 57
- every one sourced to the final rule
- Carrying acreage limits
- 20
- the rest state no acreage cap
- District conditions
- 2 of 38
- not yet compiled, and we say so
- State 401 certifications
- 4 of 54
- not yet compiled, and we say so
Live preview
Nationwide permit, notification required
A nationwide permit looks available, but you must file a pre-construction notification before you build.
Computed against the 2026 nationwide permits, effective 2026-03-15.
Pre-construction notification
Required. The district engineer has 45 calendar days to review a complete notification.
Permanent loss is greater than 0.1 acres, which triggers a pre-construction notification.
Verified0.35 acres measured against the 0.1 acres notification trigger.
91 FR 768 - Reissuance and Modification of Nationwide Permits (final rule, 8 Jan 2026)NWP 14 requires notification in defined circumstances. Check them against your project.
VerifiedPCN required if: (1) the loss of waters of the United States exceeds 1/10-acre; or (2) there is a discharge in a special aquatic site, including wetlands.
91 FR 768 - Reissuance and Modification of Nationwide Permits (final rule, 8 Jan 2026)NWP 3 requires notification in defined circumstances. Check them against your project.
VerifiedRequired for activities under paragraph (b) - removal of accumulated sediments and debris outside the immediate vicinity of existing structures.
91 FR 768 - Reissuance and Modification of Nationwide Permits (final rule, 8 Jan 2026)
Permits screened (3)
Permanent loss is within the 1/2 acre limit NWP 14 applies in non-tidal waters.
Verified0.35 acres of permanent loss in non-tidal waters, measured against the 1/2 acre limit. 1/2-acre limit applies in non-tidal waters; a lower 1/3-acre limit applies in tidal waters.
91 FR 768 - Reissuance and Modification of Nationwide Permits (final rule, 8 Jan 2026)
No impact limit has been transcribed for NWP 3 yet, so eligibility cannot be determined here.
UnverifiedPermitBird returns an explicit gap rather than an inferred limit. Read the permit text or contact the district office.
91 FR 768 - Reissuance and Modification of Nationwide Permits (final rule, 8 Jan 2026)
Permanent loss exceeds the 1/10 acre limit for NWP 18.
Verified0.35 acres of permanent loss measured against a 1/10 acre limit.
91 FR 768 - Reissuance and Modification of Nationwide Permits (final rule, 8 Jan 2026)
Sacramento District
Regional conditions are not compiled. This determination covers the federal layer only.
District regulatory officeCalifornia Section 401
Section 401 conditions are compiled and applied above.
What we hold for this stateWhat this determination does not cover
- The mapping from "Road, highway or railway crossing" to candidate permits is unverified. Confirm the permit selection against the permit text.
- Impact limits are not yet transcribed for NWP 3.
- Regional conditions for the Sacramento District are not compiled. They can narrow or remove a nationwide permit, so confirm them with the district before relying on this.
Sources
- 91 FR 768 - Reissuance and Modification of Nationwide Permits (final rule, 8 Jan 2026)
- Full text of 91 FR 768 (GPO via federalregister.gov)
Project impact entered: 0.35 acres permanent loss, 120 linear feet of stream bed.
What this is not
Things we cannot do, said before you buy
A compliance gap discovered at an inspection, or a permit assumed to apply when it does not, is worth more to you as a sentence on a landing page than as a surprise.
We do not perform site inspections
The permit requires a physical inspection by a qualified person on a schedule, and that person has to be standing on the site. We generate the plan and maintain the inspection record. We are a compliance documentation engine, not compliance.
In credential gated states our document is a draft
Where a state requires a credentialed preparer, what we generate is a complete draft for that person to review, amend and sign. It is not by itself a filed plan, and it says so on the document. We would rather lose the sale than have you file something that is not valid in your state.
An unread jurisdiction reads as unread
Where we have not read a state's permit we do not print a plausible number. The page says not verified, names the agency and links it. We never infer a requirement we did not read in a permit, and an honest gap always beats a confident guess.
We do not perform wetland delineations
A delineation is a field determination made by a qualified wetland scientist on the ground. We tell you whether your activity is likely jurisdictional and which nationwide permit could apply; we do not walk the site or produce a delineation report.
What you get
A cited determination, a private free tool, and an API for agents
Which permit governs, and why
EPA's 2022 Construction General Permit, or a delegated state permit, or neither. Tribal land and federal facilities stay with EPA even inside a delegated state, which is exactly the case that gets decided wrong by hand. The tool shows the step that decided it.
See permits by stateThe requirements that attach to your site
Inspection frequency, stabilisation deadlines, corrective action windows, buffer triggers, record retention and the filing path. Each one carries the permit section it came from and a line explaining why it attached to this site rather than in general.
See how the engine worksWhether you may prepare the plan yourself
The credential question is genuinely three sided: required, conditional on acreage or plan scope, or not required at all. Nobody answers it well, so we made it a first class output rather than a footnote.
Check the credential gateSite data never leaves your browser
The free screening runs the real engine client side. Your location, acreage and dates are never transmitted. That is an architecture choice, not a policy promise: there is no network call to make.
Read the security pageAgents and developers
The permit determination layer, callable by an agent
A construction, environmental compliance or permitting agent can screen a site mid task and get a cited answer back rather than a guess, for either regime. The same engines behind this page are a single key REST API and a hosted MCP server.
- Single key REST API and MCP over both engines and both permit datasets
- A public sandbox key that works with no signup, so a first call succeeds
permitbird api
$ curl -X POST https://www.permitbird.com/api/v1/determine \
-H "Content-Type: application/json" \
-d '{"state":"TX","activity":"construction",
"disturbedAcres":3.2,
"partOfLargerPlan":false}'
{
"data": {
"coverage": "required",
"permit": { "id": "federal-cgp" },
"requirements": [{
"id": "stabilization.complete",
"value": 7,
"citation": { "sourceCitation": "Part 2.2.14a, Table 2 row ii",
"confidence": "verified" }
}]
},
"request_id": "req_..."
}Pricing
Free to screen a site. $49/mo when the permit makes you keep records.
Both screenings are genuinely free and genuinely complete. What free cannot do is hold the written plan and retain the inspection log the stormwater permit requires you to keep for years.
Free
Screen one site. No card, no signup.
$0forever
- Single-site screening, runs in your browser so site data is never transmitted
- Which permit governs the site, with the permit section cited
- Eligibility screens, inspection frequency and stabilisation deadlines
- Every jurisdiction page, with the agency and permit linked
+2 more
Start freePro
Recommended for live sitesFor the contractor or manager running live sites.
$49/mo
- Site-specific plan document, generated from your site and downloadable
- The retained inspection and corrective-action record the permit requires you to keep
- Unlimited saved sites, each with the permit version it was determined against
- Amendment tracking, so a change to the site is dated and recorded
+4 more
Get ProScale
For builders running a portfolio, and products built on the API.
$149/mo
- Everything in Pro
- 10,000 API calls/mo
- 300 requests/minute burst
- Priority support
FAQ
Common questions
Do I need a SWPPP for my construction site?
If your project disturbs one or more acres of land you need permit coverage, and a stormwater pollution prevention plan is a condition of that coverage. Below one acre you still need coverage if the project is part of a larger common plan of development or sale that will ultimately disturb an acre or more, which is the trigger people miss most often: a half acre lot inside a 40 acre subdivision is covered. Screen your site above and the tool shows which rule decided it and the permit section it came from.
How often do I have to inspect the site?
Under EPA's 2022 Construction General Permit you choose either once every seven calendar days, or once every 14 calendar days plus within 24 hours of a storm producing 0.25 inches or more of rain. If the site discharges to a sediment or nutrient impaired water, or to a Tier 2, 2.5 or 3 water, the increased frequency applies instead: every seven days AND within 24 hours of a qualifying storm. Arid, semi arid and drought stricken sites may qualify for a reduced frequency during the seasonally dry period. A delegated state permit can set different frequencies, and where we have not read that state's permit we say so rather than substituting the federal answer.
When does stabilisation have to be complete?
A bigger site gets the shorter deadline, which is the opposite of what most people assume. Stabilisation must be initiated immediately, meaning no later than the end of the next business day after earth disturbing activities cease. Completion is within 14 calendar days where five acres or less are disturbed at one time, and within seven calendar days above five acres. Discharging to a sediment or nutrient impaired water or a Tier 2, 2.5 or 3 water forces seven days regardless of acreage, and that override beats the acreage table.
Can I write the plan myself, or does it need a qualified preparer?
It depends on the state, and the answer is genuinely three sided rather than yes or no. Some states require a credentialed preparer outright: California requires a Qualified SWPPP Developer. Some gate it conditionally, on acreage or on what the plan contains: New York gates only where the plan carries the stormwater management practice component, so an erosion and sediment control only plan has no preparer credential at all. Many states have no preparer credential. Where we have not verified a state we say so and link the agency instead of assuming the permissive answer.
Is the free screening really private?
Yes, and it is an absence of code rather than a policy. The screening imports the same engine the paid product and the API run, and it runs it in your browser tab. There is no fetch in that component and no endpoint behind it, so your location, acreage and dates have nowhere to be transmitted and nothing to be stored.
What is free and what is paid?
Screening a site is free, with no account and no card: the coverage verdict, the governing permit, the eligibility screens, the inspection frequency, the stabilisation deadlines and every citation. What free does not do is the recurring job, and the recurring job is not a preference here, it is what the permit demands. A covered operator must hold a written site specific plan and must retain an inspection and corrective action record for years. Pro at $49 a month generates that plan document and keeps that record.
Does Basinwise do the inspections?
No, and it never will. The permit requires a qualified person to physically walk the site on a schedule. We generate the plan and keep the record; the inspection itself is yours. Any product that implies otherwise is selling you a compliance gap.
Is this legal or engineering advice?
PermitBird reports publicly published permit rules and cites the source and effective date behind each one. It is not legal or engineering advice and it is not a permit. Section 404 determinations do not replace a jurisdictional determination or a pre-construction notification filed with the district. We do not perform wetland delineations. We do not perform the physical site inspections a stormwater permit requires; we generate the plan and keep the record. Where a jurisdiction requires a credentialed preparer, the document we generate is a draft for that person to review and sign. Always confirm against your permitting authority's current rules before you break ground.
Does PermitBird also cover Section 404 wetland permits?
Yes. Alongside the stormwater screening above, PermitBird runs a separate free determination against all 57 US Army Corps of Engineers nationwide permits, for projects that discharge dredged or fill material into a wetland, stream or other water of the United States. It returns a candidate permit pathway, whether a pre-construction notification is triggered, and the district and state layers that still need checking, with the rule text behind every answer.
Does the 300 linear foot stream limit still apply to nationwide permits?
No. The 300 linear foot limit on the loss of stream bed was removed in the 2021 reissuance and the Corps declined to reinstate it in the 2026 rule. Acreage limits still apply, and they are not the same for every permit.
Screen your site, no card, no signup
Runs entirely in your browser. Every requirement and every permit cites the section it came from.