Nationwide Permits (NWPs) from the U.S. Army Corps of Engineers (USACE) authorize impacts to Waters of the U.S. (WOTUS). CORE’s clients routinely require NWPs for land development and energy generation facility construction within WOTUS.
CHANGES AND IMPORTANT DATES
On January 13, 2021, the USACE posted final notice for the 2021 NWPs, which indicated the 2021 NWPs would be effective beginning March 15, 2021. The text of the proposed 2021 Nationwide Permits can be found here.
IMPLICATIONS FOR LAND DEVELOPMENT AND ENERGY PROJECTS
The 300-linear-foot limit has been removed for the NWP 29 or NWP 39 for impacts due to residential and commercial developments and there are changes to the NWPs commonly used for energy infrastructure including solar farms, wind farms and transmission lines. The 2017 NWP 12 will be divided into three separate NWPs:
NWP 12 for Oil or Natural Gas Pipeline Activities
NWP 57 for Electric Utility Line and Telecommunications Facilities
NWP 58 for Utility Line Activities for Water and Other Substances
Impacts to WOTUS due to electric transmission line and solar and wind farms will be permitted under the 2017 NWP 57. Notification to the USACE under NWP 57 and NWP 58 is only required if a Section 10 permit is required or for discharges that result in the loss of greater than 1/10-acre of WOTUS.
Please contact your CORE Project Manager or CORE’s Wetland Lead for additional information or questions about NWPs:
John Heule, MS, PWS
Biologist, Wetland Lead