---
kind: "section"
citation: "40 C.F.R. § 233.38"
title: "40"
number: "233.38"
heading: "Continuation of expiring permits."
url: "https://uscodex.org/cfr/40/233.38"
---

# §233.38. Continuation of expiring permits.


A Corps 404 permit does not continue in force beyond its expiration date under Federal law if, at that time, a State is the permitting authority. States authorized to administer the 404 Program may continue Corps or State-issued permits until the effective date of the new permits, if State law allows. Otherwise, the discharge is being conducted without a permit from the time of expiration of the old permit to the effective date of a new State-issued permit, if any.


## Notes

### Authority

Authority: 33 U.S.C. 1251 et seq.

### Source

Source: 53 FR 20776, June 1, 1988, unless otherwise noted.