2017 USACE Nationwide Permit Renewal

February 03 2017

Clean Water Act Section 404 Nationwide permits (NWPs) are general permits issued by the US Army Corps of Engineers (USACE) on a nationwide basis for activities having minimal impacts. NWPs are designed to provide timely USACE authorization for a wide variety of activities in wetlands and other areas that the federal government has determined to be regulated “waters of the United States.” Work in these jurisdictional wetlands and streams can include residential developments, utility lines and road crossings, for example.

The NWPs are proposed, issued, modified, reissued (extended), and revoked from time to time, after the opportunity for public notice and comment. Last issued on March 19, 2012, there are currently 50 Nationwide Permits. All of these Nationwide Permits expire five years after issuance on March 18, 2017.

The USACE has proposed changes to several existing NWPs, as well as the issuance of two new NWPs and modification to some of the General Condition and Definitions.  The Corps’ proposed modifications to existing NWPs, which are tabulated in the Corps’ summary table for the Proposal, aim largely to clarify the terms of the NWPs rather than change their substantive authorization.

Permittees with coverage under an existing NWP may wish to consider seeking to “grandfather” their permit by entering into a contract by March 18, 2017 to perform the work authorized by the NWPs, and/or by commencing construction by that date, and must complete construction by March 18, 2018.

Contact 3e if you have questions about your project's permit status.