SECTION 404 / 10 PERMITS

Section 404 and Section 10 permits may be required for work in streams, wetlands or certain navigable waters.

AGENCY: U.S. Army Corps of Engineers (USACE)

  • WHO IS THIS PERMIT FOR?

    Section 404 and Section 10 permits apply to certain projects involving streams, wetlands and navigable waters.

    Section 404 may apply to projects that place dredged or fill material in waters of the United States, including streams and wetlands.

    Section 10 may apply to structures or other work in navigable waters, including the Yellowstone, Missouri and Kootenai Rivers and their reservoirs.

  • DO I NEED A SECTION 404 / 10 PERMIT?

    You may need a Section 404 or Section 10 Permit if your project involves work in a stream, wetland or applicable navigable water.

    The U.S. Army Corps of Engineers determines whether a permit is required and what type of authorization applies.

    See Examples of Section 404 / 10 Projects →

APPLY & SUBMIT

BEFORE YOU START:

See what information, photos, plans and project details you may want to have ready.
Prepare Before You Apply →

  • 1. COMPLETE THE JOINT APPLICATION FORM IN GILLY

    Create an account, start your application and work through the required project information. Gilly saves your progress as you go.

  • 2. SUBMIT TO THE U.S. ARMY CORPS OF ENGINEERS

    After completing the Joint Application Form in Gilly, download it and submit it directly to the U.S. Army Corps of Engineers along with construction plans or sketches, if available.

    Section 404 and Section 10 applications are not submitted through Gilly.

    Contact the Montana Regulatory Office →

ADDITIONAL INFORMATION FOR SECTION 404 / 10

Section 404 / 10 applications may require additional information about aquatic resources, project impacts and the ordinary high-water mark. Gilly will guide you through these additional questions as you complete the Joint Application Form.

  • REVIEW:

    The U.S. Army Corps of Engineers reviews the application and determines whether a permit is required and what type of authorization applies.

  • REVIEW TIME:

    30–120 days

  • FEE:

    Varies, typically $0–$100. You will be contacted if a fee applies.

  • ADDITIONAL PERMITS NEEDED:

    Other local, state or federal permits may also be required depending on the project.

SECTION 404 / 10 PROJECT EXAMPLES MAY INCLUDE:

  • Stream and Bank Projects

    Bank Stabilization: Placing riprap or other fill material along a streambank.

    Stream Crossings: Installing or replacing culverts, crossings or similar structures.

  • Wetland Projects

    Wetland Fill: Placing soil, rock or other fill within regulated wetlands.

    Excavation & Grading: Work that results in dredged or fill material being discharged into regulated waters.

    Irrigation Diversions: Modifying public or irrigation district headgates that alter natural stream flow

  • Navigable Water Projects

    Docks & Structures: Building structures in, over or under navigable waters.

    Utility Crossings: Installing pipelines, cables or other utilities across navigable waterways.