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:
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 (a map of tribal lands is available here).