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Section 404 of the Clean Water Act

Nationwide Permits Chronology and Related Materials under CWA Section 404

Under Section 404(e) of the Clean Water Act, the U.S. Army Corps of Engineers (Corps) can issue general permits to authorize activities that have minimal individual and cumulative adverse environmental effects. General permits can be issued for a period of no more than five years. A nationwide permit is a general permit that authorizes activities across the country, unless a district or division commander revokes the nationwide permit in a state or other geographic region. Nationwide permits authorize a wide variety of activities such as mooring buoys, residential developments, utility lines, road crossings, mining activities, wetland and stream restoration activities, and commercial shellfish aquaculture activities. Below is a chronology of the reissuance of Section 404 nationwide permits.

For additional information, visit the Corps' Nationwide Permit website

Army Corps of Engineers Notices

Final Notice of Nationwide Permit Reissuance 2017

The U.S. Army Corps of Engineers is reissuing 50 existing Nationwide Permits (NWPs) and adding two new ones. The two new nationwide permits are NWP 53 and NWP 54. NWP 53 provides an appropriate mechanism for an efficient authorization process for the removal of low-head dams to restore streams and enhance public safety. NWP 54 covers the construction and maintenance of living shorelines to control erosion in coastal areas. The new NWPs take effect March 19, 2017.

Final Notice of Nationwide Permit Reissuance 2012

The Army Corps of Engineers February 21, 2012 final notice on the reissuance of 48 of the 49 existing Nationwide Permits (NWPs), General Conditions, and definitions with modifications, the issuance of 2 new permits, 3 new general conditions, and 3 new definitions, and the final notice of the additional corrections from March 19, 2012 and September 21, 2012. These NWPs will expire on March 18, 2017.

Final Notice of Nationwide Permit Reissuance 2007

The Army Corps of Engineers March 12, 2007 final notice (PDF format, 107 pages, 609K) on the issuance of 6 new Nationwide Permits and the reissuance of existing Nationwide Permits, General Conditions, and definitions with modifications.

Proposal to Reissue and Modify Nationwide Permits 2006

The Army Corps of Engineers published the proposal to reissue and modify Nationwide Permits (NWP) (PDF format, 42 pages, 345K) in the Federal Register on September 26, 2006.

Proposal to Reissue and Modify Nationwide Permits 2001 

The Army Corps of Engineers published the proposal to reissue and modify Nationwide Permits (NWP) (PDF format, 31 pages, 287K) in the Federal Register on August 9, 2001.

Scoping Meetings for Nationwide Permit Program Programmatic Environmental Impact Statement 

The Corps initiated a Programmatic Environmental Impact Statement (PEIS) for the entire Nationwide Permit Program (NWP) (PDF format, 1 page, 139K) to be completed by December 2000. The overall purpose of the PEIS was to review and evaluate the NWP as a whole, to ensure that the NWP authorizes only those activities with minimal individual and cumulative adverse environmental effects on the aquatic environment. This notice was intended to provide other Federal agencies, States, Tribes and the public the opportunity to participate in the scoping of the PEIS. Published in the Federal Register on March 22, 1999.

Final New and Modified Replacement Nationwide Permits

The Corps published the final new and modified replacement Nationwide Permits (NWP) (PDF format, 82 pages, 522K) in the Federal Register on March 9, 2000. The maximum acreage limit under the new and modified NWP's is one-half acre and most new NWPs require that the Corps be notified of activities impacting more than one-tenth of an acre. The NWPs also provide additional protections to critical resource waters, 100-year floodplains, and streams. The new and modified NWPs became effective on June 7, 2000, at which time NWP 26 (Headwaters and Isolated Waters) expired.

Notice of Time Extension for Receipt of Comments on Proposal to Issue and Modify Nationwide Permits

A copy of the Corps September 3, 1999 notice of time extension for receipt of comments on the proposed draft Nationwide Permits (PDF format, 4 pages, 189K) published on July 21, 1999. (See below)

Proposal to Issue and Modify Nationwide Permits; Notice

A copy of the Corps proposal to issue and modify the Nationwide Permit program (PDF format, 120 pages, 958K) published in the Federal Register on July 21, 1999.

Proposal to Issue and Modify Nationwide Permits 1998  

A copy of the Corps proposal to issue and modify the Nationwide Permit program (PDF format, 39 pages, 389K), published in the Federal Register on July 1, 1998, as well as a copy of the Corps October 14, 1998 supplemental proposal (PDF format, 5 pages, 216K) to modify the proposed replacement Nationwide Permits.

Final Notice of Issuance, Reissuance, and Modification of Nationwide Permits 1996 

Read the Final Notice of Issuance, Reissuance, and Modifications of Nationwide Permits (PDF format, 49 pages, 414K) published in the Federal Register in December 13, 1996.

Issuance of Nationwide Permit for Single-Family Housing

An expedited permit that allows landowners to build or expand a home (PDF format, 14 pages, 221K) affecting up to one-half acre of non-tidal wetlands.