On January 13, 2021, the U.S. Army Corps of Engineers (Corps) published a notice in the Federal Register (86 FR 2744) announcing the reissuance of 12 existing nationwide permits (NWPs) and issuance of 4 new NWPs. In that final rule, the Corps also reissued the NWP general conditions and definitions. Those 16 NWPs and the NWP general conditions and definitions went into effect on March 15, 2021. On December 27, 2021, the Corps published a notice in the Federal Register (86 FR 73522) announcing the reissuance of the remaining 40 existing NWPs and issuance of 1 new NWP.  Those 41 NWPs went into effect on February 25, 2022. The NWP general conditions and definitions in the January 13, 2021, final rule apply to all 57 NWPs. All 57 NWPs will expire on March 14, 2026.

Further information on USACE NWPs is available on the USACE Headquarters (HQ) website at: https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/Nationwide-Permits/.

These 57 NWPs will expire on March 14, 2026: 

• NWP 1 – Aids to Navigation
• NWP 2 – Structures in Artificial Canals
• NWP 3 – Maintenance
• NWP 4 – Fish and Wildlife Harvesting, Enhancement, and Attraction Devices and Activities
• NWP 5 – Scientific Measurement Devices
• NWP 6 – Survey Activities
• NWP 7 – Outfall Structures and Associated Intake Structures
• NWP 9 – Structures in Fleeting and Anchorage Areas
• NWP 10 – Mooring Buoys
• NWP 11 – Temporary Recreational Structures
• NWP 12 – Oil or Natural Gas Pipeline Activities
• NWP 13 – Bank Stabilization
• NWP 14 – Linear Transportation Projects
• NWP 15 – U.S. Coast Guard Approved Bridges
• NWP 16 – Return Water From Upland Contained Disposal Areas
• NWP 17 – Hydropower Projects
• NWP 18 – Minor Discharges
• NWP 19 – Minor Dredging
• NWP 20 – Response Operations for Oil or Hazardous Substances
• NWP 21 – Surface Coal Mining Activities
• NWP 22 – Removal of Vessels
• NWP 23 – Approved Categorical Exclusions
• NWP 24 – Indian Tribe or State Administered Section 404 Program
• NWP 25 – Structural Discharges
• NWP 27 – Aquatic Habitat Restoration, Enhancement, and Establishment Activities
• NWP 28 – Modifications of Existing Marinas
• NWP 29 – Residential Developments
• NWP 30 – Moist Soil Management for Wildlife
• NWP 31 – Maintenance of Existing Flood Control Facilities
• NWP 32 – Completed Enforcement Actions
• NWP 33 – Temporary Construction, Access, and Dewatering
• NWP 34 – Cranberry Production Activities
• NWP 35 – Maintenance Dredging of Existing Basins
• NWP 36 – Boat Ramps
• NWP 37 – Emergency Watershed Protection and Rehabilitation
• NWP 38 – Cleanup of Hazardous and Toxic Waste
• NWP 39 – Commercial and Institutional Developments
• NWP 40 – Agricultural Activities
• NWP 41 – Reshaping Existing Drainage and Irrigation Ditches
• NWP 42 – Recreational Facilities
• NWP 43 – Stormwater Management Facilities
• NWP 44 – Mining Activities
• NWP 45 – Repair of Uplands Damaged by Discrete Events
• NWP 46 – Discharges in Ditches
• NWP 48 – Commercial Shellfish Mariculture Activities
• NWP 49 – Coal Remining Activities
• NWP 50 – Underground Coal Mining Activities
• NWP 51 – Land-Based Renewable Energy Generation Facilities
• NWP 52 – Water-Based Renewable Energy Generation Pilot Projects
• NWP 53 – Removal of Low-Head Dams
• NWP 54 – Living Shorelines
• NWP 55 – Seaweed Mariculture Activities
• NWP 56 – Finfish Mariculture Activities
• NWP 57 – Electric Utility Line and Telecommunications Activities
• NWP 58 – Utility Line Activities for Water and Other Substances
• NWP 59 – Water Reclamation and Reuse Facilities

Resources

2021 Nationwide Permits, General Conditions, and Definitions
2021 Nationwide Permits Final Rule Summary Chart
2021 Nationwide Permits Fact Sheet
2021 Nationwide Permits Final Rule Federal Register Notice - 13 January 2021
2021 Nationwide Permits Final Rule Federal Register Notice - 27 December 2021

Sacramento District Regional Conditions

On February 17, 2022, the Sacramento District published a Public Notice announcing the final RCs for the 2021 NWPs for California, Nevada, and Utah.  The RCs contain joint RCs developed among the Sacramento, Los Angeles, and San Francisco Districts.  The Public Notice can be found  here.

Regional Conditions for the 2021 NWPs are provided below:

2021 NWP Regional Conditions for California
2021 NWP Regional Conditions for Nevada and Utah

Pre-Construction Notification 

Pre-construction Notification (PCN) may be required in certain circumstances, prior to initiation of construction activities within waters of the United States.  General Condition 32 of the NWPs identifies the minimum information necessary for a complete PCN.  A PCN may be submitted (electronically) through the completion of a Department of the Army application form, ENG Form 6082, with an attachment providing all information required by General Condition 32. (NOTE: Internet Explorer is recommended for viewing. If you receive an error message regarding your PDF viewer, right click the "ENG Form 6082" link and select "Save Link As" to download the application. You may need to select "Enable All Features" to view the form in Adobe Acrobat)

Electronic submissions should be sent to SPKRegulatoryMailbox@usace.army.mil.

If you have any questions concerning the application process, please use the same email address.

401 Water Quality Certification

Clean Water Act (CWA) Section 401 water quality certification was requested from all certifying authorities within the Sacramento District’s Area of Responsibility. This includes the states of California, Nevada, and Utah, individual tribes with certification authority, and the USEPA for all other tribal lands. The certification status of each NWP for the states of California, Nevada, and Utah are provided in the District's summary tables below. This includes the certification status of the 16 NWPs that went into effect on March 15, 2021, and the 41 NWPs that went into effect on February 25, 2022.

401 Water Quality Certification Status of the 2021 Nationwide Permits

California 401 Summary Table
Nevada 401 Summary Table
Utah 401 Summary Table

401 Water Quality Certifications for the 2021 NWPs are provided below:

California

• California State Water Resources Control Board (SWRCB): On October 12, 2021, the SWRCB conditionally granted certification for NWPs 1, 3a, 4, 5, 6, 9, 10, 11, 14, 20, 22, 28, 32, 36, and 54, and denied certification for NWPs 2, 3b, 3c, 7, 8, 13, 15, 16, 17, 18, 19, 23, 24, 25, 27, 30, 31, 33, 34, 35, 37, 38, 41, 45, 46, 49, 53, and 59 for activities on non-tribal lands in the State of California.
• U.S.  Environmental Protection Agency (USEPA), Region 9:  On December 11, 2020, the USEPA, Region 9 conditionally granted certification for NWP 43, and denied certification for NWPs 12, 29, 39, 40, 42, 44, 51, 57, and 58, and expressly waived certification for NWPs 4, 15, 16, 17, 21, 22, 30, 34, 48, 49, 50, 52, 53, and 54 for activities on applicable tribal lands within USEPA’s Region 9 boundaries in the State of California.
• U.S. Environmental Protection Agency (USEPA), Region 9:  On October 12, 2021, the USEPA, Region 9 conditionally granted certification for NWPs 3, 5, 6, 7, 13, 14, 18, 19, 20, 23, 25, 27, 31, 32, 33, 36, 37, 38, 41, 45, 46, and 59 for activities on applicable tribal lands within USEPA’s Region 9 boundaries in the State of California.
• Kletsel Dehe Wintun Nation:  On October 11, 2021, Kletsel Dehe Wintun Nation conditionally granted certification for NWPs 4, 5, 7, 14, 15, 16, 17, 19, 20, 22, 23, 25, 27, 30, 31, 32, 33, 34, 36, 37, 41, 45, 46, 49, 53, 54, and 59; and denied certification for NWPs 3, 6, 13, 18, and 38 for activities on Kletsel Dehe Wintun Nation lands in the State of California.

Nevada

• U.S.  Environmental Protection Agency (USEPA), Region 9:  On December 11, 2020, the USEPA, Region 9 conditionally granted certification for NWP 43, and denied certification for NWPs 12, 29, 39, 40, 42, 44, 51, 57, and 58, and expressly waived certification for NWPs 4, 15, 16, 17, 21, 22, 30, 34, 48, 49, 50, 52, 53, and 54 for activities on applicable tribal lands within USEPA’s Region 9 boundaries in the State of Nevada.
• U.S. Environmental Protection Agency (USEPA), Region 9:  On October 12, 2021, the USEPA, Region 9 conditionally granted certification for NWPs 3, 5, 6, 7, 13, 14, 18, 19, 20, 23, 25, 27, 31, 32, 33, 36, 37, 38, 41, 45, 46, and 59 for activities on applicable tribal lands within USEPA’s Region 9 boundaries in the State of Nevada.

Utah

• U.S. Environmental Protection Agency (USEPA), Region 8: On December 12, 2020, UESPA, Region 8, denied certification for NWPs 12, 16, 17, 21, 29, 34, 39, 40, 42, 43, 44, 49, 50, 51, 52, 53, 57, and 58, and expressly waived certification for NWPs 4, 22, 48, and 54 for activities on applicable tribal land within USEPA’s Region 8 coverage area in the State of Utah.
• U.S. Environmental Protection Agency (USEPA), Region 8: On October 12, 2021, the USEPA, Region 8 conditionally granted certification for NWPs 3, 5, 6, 7, 13, 14, 15, 18, 19, 20, 23, 25, 27, 30, 31, 32, 33, 36, 37, 38, 41, 45, 46, and 59, denied certification for NWPs 16, 17, 34, 49, and 53, and waived certification for NWPs 4, 22, and 54 for activities on applicable tribal land within USEPA’s Region 8 coverage area in the State of Utah
• Utah Division of Water Quality, Department of Environmental Quality (UT DEQ): On December 8, 2020, UT DEQ conditionally granted certification for all NWPs and denied certification for any NWP activity involving “dam maintenance/rehabilitation or reservoir dewatering” for activities on non-tribal lands within the State of Utah.
• Ute Mountain Ute Tribe (UMUT): On December 14, 2020, the UMUT conditionally granted certification for NWPs 3, 5, 6, 7, 13, 14, 15, 18, 19, 20, 23, 25, 27, 30, 31, 32, 33, 36, 38, 41, 43, 45, 46, 57 and 59, denied certification for NWPs 12, 16, 17, 21, 24, 29, 34, 37, 39, 40, 42, 44, 49, 50, 51, 52, 53, and 58, and expressly waived certification for NWPs 4, 22, 48, and 54 for activities on UMUT lands in the State of Utah.

Tribes

No responses were received from the Yerington Paiute Tribe of Nevada, Walker River Paiute Tribe, Shoshone-Paiute Tribes of the Duck Valley Reservation, or the Confederate Tribe of the Goshute Reservation within the reasonable period of time. Therefore, 401 certification is waived. There is no requirement to obtain individual 401 certification for any 2021 NWP activity within these certifying authorities’ areas of responsibility.

NWP activities on tribal lands within the boundaries of the Sacramento District may be subject to additional conditions and other requirements.

On January 6, 2017, the U.S. Army Corps of Engineers (USACE) published a final rule in the Federal Register (82 FR 1860) announcing the reissuance of all existing NWPs, GCs and definitions, with some modifications.  The Corps also issued two new NWPs and one new GC.  Further information on USACE NWPs is available on the USACE Headquarters (HQ) website at: https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/Nationwide-Permits/.

These 40 NWPs took effect on March 19, 2017, and will expire on March 18, 2022: 

• NWP 1 - Aids to Navigation
• NWP 2 - Structures in Artificial Canals
• NWP 3 - Maintenance
• NWP 4 - Fish and Wildlife Harvesting, Enhancement, and Attraction Devices and Activities
• NWP 5 - Scientific Measurement Devices
• NWP 6 - Survey Activities
• NWP 7 - Outfall Structures and Associated Intake Structures
• NWP 8 - Oil and Gas Structures on the Outer Continental Shelf
• NWP 9 - Structures in Fleeting and Anchorage Areas
• NWP 10 - Mooring Buoys
• NWP 11 - Temporary Recreational Structures
• NWP 13 - Bank Stabilization
• NWP 14 - Linear Transportation Projects
• NWP 15 - U.S. Coast Guard Approved Bridges
• NWP 16 - Return Water From Upland Contained Disposal Areas
• NWP 17 - Hydropower Projects
• NWP 18 - Minor Discharges
• NWP 19 - Minor Dredging
• NWP 20 - Response Operations for Oil or Hazardous Substances
• NWP 22 - Removal of Vessels
• NWP 23 - Approved Categorical Exclusions
• NWP 24 - Indian Tribe or State Administered Section 404 Programs
• NWP 25 - Structural Discharges
• NWP 27 - Aquatic Habitat Restoration, Establishment, and Enhancement Activities
• NWP 28 - Modifications of Existing Marinas
• NWP 30 - Moist Soil Management for Wildlife
• NWP 31 - Maintenance of Existing Flood Control Facilities
• NWP 32 - Completed Enforcement Actions
• NWP 33 - Temporary Construction, Access, and Dewatering
• NWP 34 - Cranberry Production Activities
• NWP 35 - Maintenance Dredging of Existing Basins
• NWP 36 - Boat Ramps
• NWP 37 - Emergency Watershed Protection and Rehabilitation
• NWP 38 - Cleanup of Hazardous and Toxic Waste
• NWP 41 - Reshaping Existing Drainage Ditches
• NWP 45 - Repair of Uplands Damaged by Discrete Events
• NWP 46 - Discharges in Ditches
• NWP 49 - Coal Remining Activities
• NWP 53 - Removal of Low-Head Dams
• NWP 54 - Living Shorelines

Resources

2017 Nationwide Permits Final Rule Federal Register Notice - 6 January 2017
2017 Nationwide Permits Final Rule Summary Chart
2017 Nationwide Permits Fact Sheet

Regional Conditions

On March 23, 2017, the Sacramento District published a Public Notice announcing the final RCs for the 2017 NWPs for California, Nevada, and Utah.  The RCs contain joint RCs developed among the Sacramento, Los Angeles, and San Francisco Districts.

Regional Conditions for the 2017 NWPs are provided below:

2017 NWP Regional Conditions for California, excluding the Lake Tahoe Basin
2017 NWP Regional Conditions for Nevada and the Lake Tahoe Basin in California
2017 NWP Regional Conditions for Utah
2017 NWP Regional Conditions for Navajo Nation Lands in Utah
NOTE: These regional conditions only apply to the 40 NWPs issued under the 2017 final rule listed above. Sacramento District's 2021 NWP Regional Conditions only apply to the 16 NWPs that were recently reissued.

Pre-construction Notification (PCN) may be required in certain circumstances, prior to initiation of construction activities within waters of the United States.  General Condition 32 of the NWPs identifies the minimum information necessary for a complete PCN.  In addition, Regional Condition B(1) for California, Nevada, and Utah, identifies additional information required for a complete PCN in the Sacramento District boundaries of California, Nevada, and Utah.  A PCN may be submitted (electronically) in one of the following formats:

1. California, Nevada, and Utah: Through the completion of the South Pacific Division Pre-Construction Notification Checklist (SPD PCN Checklist), with Attachment 3, or other information demonstrating compliance with all applicable Regional Conditions. 

• Instructions for the SPD PCN Checklist.
• The SPD PCN Checklist with Attachment 3 for California.
• The SPD PCN Checklist with Attachment 3 for Nevada.
• The SPD PCN Checklist with Attachment 3 for Utah.
• The SPD PCN Checklist with Attachment 4 for Navajo Nation in Utah
• with Table 1, Upload Sheet can be found here.
• Table 2, Multiple Single and Complete project sheet can be found here.
• Information Required for a Complete PCN in California, Nevada, and Utah

2.  Through the completion of a Department of the Army application form, ENG Form 4345 or a letter or other correspondence, with an attachment providing all information required by General Condition 32 and applicable Regional Conditions.

3.  Electronic submissions should be sent to SPKRegulatoryMailbox@usace.army.mil.

If you have any questions concerning the application process, please use the same email address.

401 Water Quality Certification

Clean Water Act (CWA) Section 401 water quality certification was requested from all certifying authorities within the Sacramento District’s Area of Responsibility. This includes the states of California, Nevada, and Utah, individual tribes with certification authority, and the USEPA for all other tribal lands. The certification status of each NWP for the states of California, Nevada, and Utah are provided in the District's summary tables below. This includes the certification status of the 16 2021 NWPs that were reissued and took effect under the January 13, 2021 final rule.

401 Water Quality Certification Status of the Nationwide Permits

California 401 Summary Table
Nevada 401 Summary Table
Utah 401 Summary Table

401 certifications for the 2017 NWPs are provided below:

California

• California State Water Resources Control Board (SWRCB): On March 17, 2017, the SWRCB issued a Section 401 WQC certifying 14 NWPs (NWPs 1, 4, 5, 6, 9, 10, 11, 12, 20, 22, 28, 32, 36, and 54) with conditions, and denying 38 NWPs (NWPs 2, 3, 7, 8, 13-19, 21, 23, 24, 25, 27, 29-31, 33-35, 37-46, and 48-53).  NWPs 5, 6, 23, 33, 38, 43, 46, and 54 require notification and reporting requirements.  For all NWPs that have been denied, individual Section 401 WQC is required.
• U.S.  Environmental Protection Agency (USEPA), Region IX:  On February 27, 2017, the U.S.  Environmental Protection Agency (USEPA), Region IX certified 51 NWPs with conditions, and denied one NWP (NWP 43) for activities on tribal lands in California and Nevada.  All of the NWPs that have been certified require the submittal of a PCN or Modified PCN to USEPA, Region IX.  For NWP 43, individual Section 401 WQC is required.

Nevada

• Nevada Division of Environmental Protection, Bureau of Water Quality Planning (NDEP-BWQP) :  On February 28, 2017, NDEP-BWQP waived 8 NWPs (NWPs 8, 10, 21, 24, 34, 48, 49, and 50), certified 12 NWPs (NWPs 1, 4, 5, 6, 9, 11, 20, 22, 28, 30, 32, and 38), and denied 32 NWPs (NWPs 2, 3, 7, 12-19, 23, 25, 27, 29, 31, 33, 35-37, 39, 40-46, and 51-54) from the NDEP.  For the NWPs that have been certified, a signed 401 application is required to be submitted to the NDEP-BWQP.  For all NWPs that have been denied, individual Section 401 WQC is required.
• USEPA, Region IX:  On February 27, 2017, the USEPA, Region IX certified 51 NWPs with conditions, and denied one NWP (NWP 43) for activities on tribal lands in California and Nevada.  All of the NWPs that have been certified require the submittal of a PCN or Modified PCN to USEPA, Region IX.  For NWP 43, individual Section 401 WQC is required.

Utah

•  USEPA Region 8:  On March 3, 2017, the USEPA, Region 8, certified 11 NWPs with conditions (NWPs 3, 5, 6, 11, 19, 23, 25, 28, 30, 32, and 35), and denied 41 NWPs, all NWPs granted waivers on limits, all “after-the-fact” NWPs, and all provisional NWPs.  For all NWPs that have been certified, the applicant must notify USEPA Regional 8 and the Tribal Environmental Program of the use of all NWPs prior to the commencement of the activity.  For all NWPs that have been denied, individual Section 401 WQC is required.
• Utah Department of Environmental Quality, Division of Water Quality (DWQ):  On March 9, 2017, Utah DWQ certified all NWPs with conditions.  For all activities within 500 feet of the existing water’s edge of the Great Sale Lake, Utah Lake, and Bear Lake, and for all activities proposed under NWPs 3, 17, and 37, the applicant is required to submit a notification to DWQs Director.  
• Navajo Nation:  On March 6, 2017, the Navajo Nation denied Section 401 WQC for their tribal lands in Arizona, New Mexico, and Utah.  Individual Section 401 WQC is required for all activities on Navajo Nation lands.
• Ute Mountain Ute Tribe:  On March 3, 2017, the Ute Mountain Ute Tribe denied Section 401 WQC for their Tribal lands in Colorado, New Mexico, and Utah.  Individual Section 401 WQC is required for all activities on all Ute Mountain Ute Tribe lands..

401 Water Quality Certification Status of the Nationwide Permits in the State of Nevada

401 Water Quality Certification Status of the Nationwide Permits in the State of Utah