Vol. 30, No. 1  ●  January 13, 2022

Nationwide Permits: 40 Existing and 1 New to be Effective February 2022

On December 27, 2021, the U.S. Army Corps of Engineers published the Nationwide Permit Final Rule in the Federal Register to reissue 40 existing Nationwide Permits (NWPs) – originally issued in 2017 – and issue one new NWP.  These 41 NWPs will be effective on February 25, 2022 and have a four-year lifespan, expiring on March 14, 2026.

If your project is authorized under one of these permits and is currently under construction, or is under contract to commence prior to February 24, 2022, your project qualifies for a one-year extension (until February 24, 2023) to complete the project under the existing authorization. All other NWP-eligible projects will require authorization under a new permit; Wetland Studies and Solutions, Inc. (WSSI) is prepared to help.

Which NWPs?

The Corps is issuing these 41 NWPs with a four-year lifespan so that the expiration date of these permits as well as the 16 NWPs issued on March 15, 2021 will all have a consistent expiration date. The Corps has provided a summary table of all 59 NWPs.

Out of the 40 NWPs reissued under this rule, the Corps proposed changes to 13 NWPs, from which 11 were reissued with the proposed modifications and the rest of the NWPs were reissued without any modifications. Note that although changes were originally proposed to NWPs 3 and 19, these were reissued without proposed modifications from the 2017 version of the permits.

The only new Nationwide Permit issued in this Final Rule, known as NWP 59, addresses Water Reclamation and Reuse Facilities. This permit is intended to authorize discharges of dredged or fill material to Waters of the United States for the construction, expansion, and maintenance of water reclamation and reuse facilities.

Timing and Next Steps

We anticipate District Offices will publish their own regional conditions, 401 WQC and CZMA no less than two weeks prior to the effective date of the new NWPs. The Norfolk District has indicated that their public notice will be issued early February 2022.

WSSI Can Help

WSSI will be monitoring as the process unfolds and will provide updates in future Field Notes as needed. To discuss the implications for your projects – current or upcoming – please contact your WSSI project manager, or

• Northern Virginia/headquarters: Christie Blevins or Lauren Conner

• Hampton Roads: Bob Kerr or Mark McElroy

• Central Virginia: Rebecca Napier

• Southwestern Virginia: Nathan Staley or Andy Kassoff

• Maryland: Mike Klebasko or Scott Petrey

For a recent history of NWPs and relevant regulatory changes, please see our list of Field Notes articles below.

Check out past issues in the Field Notes Archive.

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