NATIONWIDE PERMITS

The U.S. Army Corps of Engineers (USACE) administers the Nationwide Permit (NWP) program, which is designed to authorize 44 specific activities that have minor impacts to jurisdictional waters of the U.S., typically used for utility and road crossings and/or minor wetland/stream impacts associated with residential, commercial or industrial development.

Under the NWP program, impacts to jurisdictional waters of 0.1 acre or less are typically considered to be "permitted by rule" and are not required to go through a formal permitting process with the USACE. Where impacts exceed 0.1 acre, up to and including 0.5 acre, the applicant is required to submit a pre-construction notification (PCN) to the USACE for review. The contents of the PCN differ between NWPs, but most require a delineation of jurisdictional waters, a discussion of avoidance and minimization of impacts, and mitigation for unavoidable impacts. Regulatory review typically requires a minimum of 45 days from the time of PCN submittal to when a permit decision is reached by the USACE. For specific information on
NWPs, please contact us.