On December 27, 2021, the U.S. Army Corps of Engineers (USACE) announced the publication in the Federal Register of a set of 41 Nationwide Permits (NWPs) which will expire on March 14, 2026. The 41 NWPs will consist of 40 reissued NWPs and one new NWP, which authorize work in streams, wetlands, and other waters of the United States under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899.
The 40 NWPs effectively replace the 2017 versions of these NWPs, which are now set to expire February 24, 2022. The 2021 December final rule will go into effect February 25, 2022. If permittees have commenced construction or executed a contract for the NWP activity before February 24, 2022, all of the activities authorized by the 40 NWPs from 2017 remain authorized until March 18, 2023.
Nationwide Permits (NWPs) are a form of a general permit under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899, which authorize a category of activities with minimal adverse environmental effects on an individual and cumulative basis and are valid only if the conditions applicable to the permit are met. The NWPs provide project proponents, who meet the requirements of the nationwide permits, the opportunity to receive permit decisions with a minimal delay and paperwork for infrastructure-related activities, thus supporting the implementation of the Infrastructure Investment and Jobs Act.
In September 2020, the rulemaking process to reissue the 2017 NWPs had begun. The updated permits are being finalized after a vigorous rulemaking process and were created due to detailed consideration of the public feedback and other key stakeholders. The set of 41 NWPs authorizes regulated activities in jurisdictional waters such as surveys, maintenance, aids to navigation, bank stabilization, linear conveyance projects, aquatic habitat restoration, transient construction, cleanup of dangerous and toxic waste, maintenance of flood control facilities, elimination of low-head dams, living shorelines, and the newly issued permit for water reuse facilities.
USACE is committed to evaluating minor activities effectively while ensuring suitable environmental protection for our nation’s aquatic resources. All of the improvements, additions ad revisions to the NWPs are consistent with the efforts of this engineer formation. USACE committed to including states and authorized tribes under Section 401 of the Clean Water Act.
USACE deputy commanding general for Civil and Emergency Operations, Maj. Gen. William “Butch” Graham, said: “Our goals in updating, developing and authorizing these 41 nationwide permits are to enhance regulatory efficiency and provide clarity for the regulated public while protecting the aquatic environment. Our nationwide permits are an important tool in encouraging project proponents to avoid and minimize impacts to wetlands, streams, and other aquatic resources.”
“These nationwide permits will continue to be environmentally protective of the nation’s aquatic resources while supporting actions to bolster economic activity and resilient infrastructure investments,” said Assistant Secretary of the Army for Civil Works Michael L. Connor. “The Army will also be reviewing the overall NWP program to ensure consistency with the administration’s policies, including the need to engage affected communities.”