Bulkhead Permit Guide: Federal, State and Local Layers

Permits for bulkheads and seawalls are rarely a single application. Shoreline work sits where federal waters, state-owned submerged lands, environmental protections and local building codes meet. Each layer can have its own review, conditions and timeline.

This guide explains how those layers commonly fit together, what changed with the federal Nationwide Permits in 2026, and what to ask each agency. It does not determine whether any specific property needs a permit. Only the permitting authorities can do that. For state-by-state agency contacts, use the permit navigator.

The federal layer

Section 10 and Section 404

Two federal laws are central to shoreline construction, and the U.S. Army Corps of Engineers administers permits under both.

• Section 10 of the Rivers and Harbors Act of 1899 covers structures or work in or affecting navigable waters of the United States. The Corps' regulations at 33 CFR Part 322 define "structure" to include, among other things, a bulkhead, revetment, riprap, pier and breakwater.
• Section 404 of the Clean Water Act regulates the discharge of dredged or fill material into waters of the United States, including wetlands. EPA describes the Corps as administering the day-to-day program, including individual and general permit decisions.

Which authority applies depends on where the structure, the work and any fill are located, which is why the Corps district is the right first contact for the federal layer.

Individual permits and general permits

The Corps' regulations describe two broad paths. An individual permit follows a case-by-case evaluation and public interest review; a letter of permission is a type of individual permit issued under abbreviated procedures. A general permit is issued on a nationwide or regional basis for categories of activities with only minimal individual and cumulative environmental impacts. Nationwide Permits are one kind of general permit; regional general permits are another.

The 2026 Nationwide Permits

The Corps published its final action reissuing the Nationwide Permits (NWPs) in the Federal Register on January 8, 2026. Key points from that notice:

• The 2026 NWPs, general conditions and definitions took effect March 15, 2026, and expire March 15, 2031.
• The 2021 NWPs expired March 14, 2026. Activities authorized under a 2021 NWP that had commenced or were under contract to commence by that date have until March 14, 2027, to be completed. Otherwise, reauthorization under the 2026 NWPs is required.
• The action reissued 56 existing NWPs and added one new NWP, for 57 in total.

Three NWPs are most often discussed for shoreline walls:

The 2026 NWP 13 also explicitly authorizes incorporating nature-based features into new and existing bank stabilization, such as textured seawall surfaces, rock clusters or small reef structures next to a bulkhead.

Regional conditions, 401 certification and coastal consistency

National NWP terms are not the whole story. The Federal Register notice explains that Corps division engineers add regional conditions, and that state water quality certifications and Coastal Zone Management Act consistency concurrences can add further conditions. A project that fits the national text may still face district-specific limits. Ask the Corps district regulatory office which conditions apply.

The state layer

Most coastal states run their own shoreline permitting, often coordinated with the Corps. Three examples show the range:

• North Carolina. Under the Coastal Area Management Act, the Division of Coastal Management issues major, general and minor permits. General permits are used for routine projects that usually pose little or no threat to the environment; major permits apply to activities that require other state or federal permits, among other triggers.
• Maryland. The Department of the Environment's Wetlands and Waterways Protection Program lists putting in a bulkhead among tidal wetland activities that generally require a permit, and requires a joint application form for tidal wetland applications, with program work coordinated with the Corps.
• Florida. The Department of Environmental Protection oversees the Environmental Resource Permit program statewide and the State 404 Program, which assumed federal dredge-and-fill permitting for certain waters. State-owned submerged lands can raise separate authorization questions.

Other states have their own agencies and rules. The permit navigator lists them where we have verified official pages.

The local layer

Cities and counties commonly require building permits for structural work, and some have their own shoreline, floodplain or setback rules. Some local governments also issue certain state permits under delegation, as North Carolina does with CAMA minor permits. Call the local building department early, because local review can depend on approvals from other layers.

Homeowners associations and private rules

Many waterfront communities have architectural review requirements, approved materials, or shared-wall arrangements with neighbors. Deed restrictions and easements can also matter. Get any approval in writing before construction.

Questions to ask each authority

1. Does this work require a permit or other authorization from your agency, and which type?
2. Does the location fall within any special area, such as wetlands, submerged lands or a protected habitat zone?
3. Are there limits on how far waterward a replacement wall may be placed?
4. What drawings, surveys or engineering are required with the application?
5. Are there work windows, turbidity controls or other conditions to expect?
6. How long does review typically take, and do other agencies need to sign off first?
7. Who may apply: the owner, the contractor or an authorized agent?

Who handles the paperwork

Permit responsibility should be written into the contract. The Federal Trade Commission lists a contractor asking the homeowner to get the building permits as a warning sign of a possible scam. Many marine contractors and engineers prepare applications as part of their services; confirm what is included when you compare contractor quotes, and see how to hire a marine contractor. Permit costs and timelines also affect your budget; see factors affecting bulkhead pricing.