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State 401 certification

Mississippi

Code MS

Section 401 certification: conditioned (2 conditions)

Certifying authority: Mississippi Department of Environmental Quality (MDEQ)

Read from Mississippi's Clean Water Act section 401 certification decision for the 2026 nationwide permit reissuance.

  1. MDEQ (5 December 2025) issued individual per-permit certification letters for the 2026 nationwide permits, each subject to 4 standard conditions: obtain all other required state permits first; for sites disturbing more than 5 acres, obtain coverage under the state Large Construction Storm Water General NPDES Permit (1-5 acres: Small Construction); turbidity outside a 750-foot mixing zone may not exceed ambient by more than 50 NTU; no discharge of sewage, oil, refuse or other pollutants.

    VerifiedSource
  2. The Mississippi Department of Marine Resources (29 October 2025) objected to the Corps' coastal consistency determination specifically for activity in coastal wetlands, jurisdictional wetlands with a surface hydrological connection to coastal wetlands within 200 feet of the ordinary high water mark, tidally-connected marsh habitat in Hancock, Harrison and Jackson Counties, and all jurisdictional stream habitat; it concurs with consistency everywhere else in the coastal zone.

    VerifiedSource

What to check

  • Whether Mississippi has certified, conditioned, waived or denied section 401 certification for the specific nationwide permit a project intends to rely on.
  • Any state-specific conditions attached to that certification, which become binding conditions on the nationwide permit inside Mississippi.
  • Whether Mississippi requires a separate state permit, coastal consistency review, or notification alongside the federal nationwide permit.