Nationwide permits (NWPs) are a type of general permit that have been issued by the regulation (33 CFR Part 330) for certain specified activities nationwide. NWPs have been established to reduce the regulatory reporting burden for specific activities that have no more than minimal impacts to the aquatic environment. If certain conditions are met, the specified activities can take place without the need for review under an existing regional or individual permit.
An application should be submitted to the Corps of Engineers for any proposed activity that requires a pre-construction notification (PCN), and for any proposed action for which the applicant wants a letter of verification that they are in compliance with the Nationwide Permit. It is important to note that while certain NWPs have not been conditioned at the National level requiring a PCN, a prospective permittee must still satisfy all terms and general conditions of the NWPs, including any applicable Regional Conditions listed below for Delaware, New Jersey, Pennsylvania, and Maryland for a valid authorization. The prospective permittee should carefully review the terms of the individual NWP authorization, each of the NWP general conditions, specifically NWP general conditions 16, 18, 20, 22, 31 and 32, and the regional conditions to identify those circumstances where a PCN is required.
On January 13, 2021, the U.S. Army Corps of Engineers published a final rule in the Federal Register (86 FR 2744) announcing the reissuance of 12 existing nationwide permits (NWPs) and issuance of four new NWPs, as well as the reissuance of NWP general conditions and definitions with some modifications. The NWPs in this rule replace prior versions of the 2017 Nationwide Permits. The remaining 40 NWPs from 2017, General Conditions, and the 2017 Regional Conditions applicable to those 40 NWPs will continue to be in effect under the January 6, 2017 final rule with a scheduled March 18, 2022, expiration date at this time.
2021 Nationwide Permit Information
2017 Nationwide Permit Information