Wetland and Waters

Legal Requirements

FHWA Office of Planning, Environment, and Realty

FDM References

FDM 13-1-12 Aquatic Connectivity
FDM 20-50-5 Federal Water Resource Permits
FDM 20-50-5.2 and 20-50-5.3 coordination with Coast Guard
FDM 20-50-5.1 and FDM 20-55-30 coordination with Army Corps of Engineers
FDM 20-55-40 coordination with WDNR
FDM 20-55-65.2 coordination with Coastal Management Program
FDM 20-5-15 major state agency agreements
FDM 24-1-5 ecological overview of land and water resources (factor sheet reference list
FDM 24-5-1 aquatic systems introduction
FDM 24-5-5 rivers, lakes, streams (evaluating existing conditions, evaluating impacts on the aquatic system, measures to minimize harm)
FDM 24-5-10 wetlands (evaluating existing conditions, evaluating impacts on the wetland, determination of significance, measures to minimize harm)

Worksheets/Forms

Refer to the forms and tools page for factor sheets and guidance

Instructions for completing a Wetland Impact Tracking Form December 1, 2025
Wetland Impact Tracking FormDecember 1, 2025
Template for Section 404 preconstruction notification (PCN) request submittals December 1, 2025

Permits

US Army Corps of Engineers St. Paul District Section 404 permits
US Army Corps of Engineers Detroit District Section 408 permits December 1, 2025
U.S. Coast Guard bridge permit application processCoast Guard Section 9 permit

Wetland Mitigation

Frequently Asked Questions (FAQs)

What is a 404 permit?

A 404 permit is a permit that must be obtained before any dredged or fill material may be discharged into waters of the United States. A 404 permit is issued by the U.S. Army Corps of Engineers. Dredged or fill material includes all foreign substances such as soils, rocks, coffer dams, sheet pilings, concrete, piers, etc. Waters of the United States include wetlands, streams, intermittent streams, rivers, lakes, mud flats, sloughs, flowages, etc.

The intent of the 404 permit is to minimize the effect of discharging dredged or fill materials into the waters of the United States whenever it has been determined that it is not practicable to avoid the discharge. Contact the regional environmental coordinator.

When is a 404 permit needed?

A 404 permit is required before fill is placed into a wetland, stream, lake or other water of the United States.

What is 401 certification?

The 401 certification is a requirement of the Clean Water Act. Any 401 certification requires DNR to certify that the proposed discharge of dredged or fill materials into waters of the United States will not have a significant effect on the quality of the water.

When is a 401 certification obtained?

The 401 certification must be obtained before the application for the 404 permit is transmitted to the U.S. Army Corps of Engineers. It is necessary, however, to get a sense of whether WDNR will grant, waive, or deny 401 certification during the environmental process of the project. WDNR should be consulted on 401 certification throughout the development of a project. Contact the regional environmental coordinator for guidance on WDNR consultation.

What are the required ratios for compensation for impacts to wetlands?

WisDOT is required to provide compensation for any permanent or longer-term temporary impacts to wetlands. Compensation is usually provided by the WisDOT Wetland Mitigation Banking Program. The ratio of impacts to compensation needed may be different depending on the type of wetland affected, the location, and the type of wetland credit used to compensate for the impact. Ratios can be found in the DOT/DNR Cooperative Agreement - MOU on Compensatory Wetland Mitigation

For more information on wetlands and waters, contact:

alyssa.hoersten@dot.wi.gov