Reissuance and Modification of Nationwide Permits

The U.S. Army Corps of Engineers (Corps) issues nationwide permits (NWPs) under section 404 of the Clean Water Act and section 10 of the Rivers and Harbors Act of 1899. The NWPs authorize specific categories of activities in jurisdictional waters and wetlands that have no more than minimal individual and cumulative adverse environmental effects. The NWPs may be issued for a period of no more than five years per statute, and the Corps has the authority to modify or revoke the NWPs before they expire. In January 2021, the Corps reissued or modified 12 existing NWPs and issued four new NWPs along with NWP general conditions and definitions (RIN 0710-AA84) which are set to expire in March 2026. In December 2021, the Corps reissued or modified 40 existing NWPs and issued one new NWP (RIN 0710-AB29) which are also set to expire in March 2026. The Corps is proposing to reissue or modify the 2021 NWPs. This proposal to reissue or modify the NWPs will incorporate comments obtained during the formal review of NWP 12 (RIN 0710-AB51).