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Landowners and permit applicants received an email notification this week that the Army Corps of Engineers (Army Corps) would not be processing their requests for coverage under a...
[co-author: Kaela Shiigi] The U.S. Army Corps of Engineers published in the Federal Register changes to its Clean Water Act Nationwide Permits (NWPs). The final rule, published on January 13, 2021, reissues 12 existing NWPs and issues four new NWPs. Major changes to existing NWPs include removing limits on stream loss measured in linear feet from 10 permits and dividing coverage for various types of linear utility infrastructure into three separate permits. Also notable is that the Corps opted not to finalize several other changes from its September 2020 proposed rule. The new and reissued NW...
The Corps issues two types of Clean Water Act Section 404 permits. An individual permit authorizes specific activities on a case-by-case basis. In contrast, a NWP is a general permit that provides standing permission for all activities that fit the description of the permit. Such permits provide for preauthorized permission for activities that conform to the standards of the NWP. Certain NWPs do require some type of authorization from or notice to the Corps prior to starting work. The Corps is required to periodically renew expiring NWPs. However, besides renewing the existing permits, the Co...