US Army Corps of Engineers
Tulsa District Website

Corps of Engineers Revises and Renews Nationwide Permits

The U.S. Army Corps of Engineers (Corps) has revised and renewed nationwide permits (NWPs) necessary for work in streams, wetlands and other waters of the United States under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899.  The new NWPs will take effect on March 15, 2021, and include NWPs 12, 21, 29, 39, 40, 42, 43, 44, 48, 50, 51, 52, 55, 56, 57, and 58. 

The remaining NWPs that were effective on March 19, 2017, remain active and will expire on March 18, 2022, or until the Corps issues a final rule reissuing those NWPs, whichever comes first.

 

Link to All Nationwide Permits, Conditions, Headquarters Decision Documents, Further Information, and Definitions.

 

Nationwide Permit Program

NATIONWIDE PERMIT NAME

NWP 1 – Aids to Navigation

NWP 2 – Structures in Artificial Canals

NWP 3 – Maintenance

NWP 4 – Fish and Wildlife Harvesting, Enhancement, and Attraction Devices and Activities

NWP 5 – Scientific Measurement Devices

NWP 6 – Survey Activities

NWP 7 – Outfall Structures and Associated Intake Structures

NWP 8 – Oil and Gas Structures on the Outer Continental Shelf

NWP 9 – Structures in Fleeting and Anchorage Areas

NWP 10 – Mooring Buoys

NWP 11 – Temporary Recreational Structures

NWP 12 – Oil or Natural Gas Pipeline Activities (2021)

NWP 13 – Bank Stabilization

NWP 14 – Linear Transportation Projects

NWP 15 – U.S. Coast Guard Approved Bridges

NWP 16 – Return Water From Upland Contained Disposal Areas

NWP 17 – Hydropower Projects

NWP 18 – Minor Discharges

NWP 19 – Minor Dredging

NWP 20 – Response Operations for Oil and Hazardous Substances

NWP 21 – Surface Coal Mining Activities (2021)

NWP 22 – Removal of Vessels

NWP 23 – Approved Categorical Exclusions

NWP 24 – Indian Tribe or State Administered Section 404 Program

NWP 25 – Structural Discharges

NWP 27 – Aquatic Habitat Restoration, Establishment, and Enhancement Activities

NWP 28 – Modifications of Existing Marinas

NWP 29 – Residential Developments (2021)

NWP 30 – Moist Soil Management for Wildlife

NWP 31 – Maintenance of Existing Flood Control Facilities

NWP 32 – Completed Enforcement Actions

NWP 33 – Temporary Construction, Access, and Dewatering

NWP 34 – Cranberry Production Activities

NWP 35 – Maintenance Dredging of Existing Basins

NWP 36 – Boat Ramps

NWP 37 – Emergency Watershed Protection and Rehabilitation

NWP 38 – Cleanup of Hazardous and Toxic Waste

NWP 39 – Commercial and Institutional Developments (2021)

NWP 40 – Agricultural Activities (2021)

NWP 41 – Reshaping Existing Drainage Ditches

NWP 42 – Recreational Facilities (2021)

NWP 43 – Stormwater Management Facilities (2021)

NWP 44 – Mining Activities (2021)

NWP 45 – Repair of Uplands Damaged by Discrete Events

NWP 46 – Discharges in Ditches

NWP 48 – Commercial Shellfish Mariculture Activities (2021)

NWP 49 – Coal Remining Activities

NWP 50 – Underground Coal Mining Activities (2021)

NWP 51 – Land-Based Renewable Energy Generation Facilities (2021)

NWP 52 – Water-Based Renewable Energy Generation Pilot Projects (2021)

NWP 53 – Removal of Low-Head Dams

NWP 54 – Living Shorelines

NWP-55 - Seaweed Mariculture Activities (2021)
NWP 56 - Finfish Mariculture Activities (2021)
NWP 57 - Electric Utility Line and Telecommunications Activities (2021)
NWP 58- Utility Line Activities for Water and other Substances (2021)

Regional Conditions

With the publication of the 2021 NWPs in the Federal Register, modifying 12 NWPs and issuing 4 new NWPs, the Corps finalized regional conditions for these 16 NWPs (NWPs 12, 21, 29, 39, 40, 42, 43, 44, 48, 50, 51, 52, 55, 56, 57, and 58). The remaining 40 NWPs from 2017 and their associated regional conditions and Water Quality Certifications remain in effect through their scheduled March 18, 2022 expiration date or until the Corps issues a final rule reissuing those NWPs, whichever comes first.
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Water Quality Certifications

With each cycle of revision and reauthorization of the NWP Program, Corps Districts examine regional issues and determine the need for District-specific regional conditions. A part of this process is obtaining Clean Water Act (CWA) Section 401 Water Quality Certification (WQC) from the appropriate Tribal Nation or State agency for those NWPs that would authorize activities under Section 404 CWA. A Tribal Nation or State's decision on WQC may result in additional conditions on the NWPs, denial of certification for specific NWPs, or denial of certification in certain sensitive waters in the state.
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Critical Resource Waters

Another factor that influences the manner in which the NWP program is administered in various Corps Districts is the presence of designated Critical Resource Waters (CRW) within the district. NWP General Condition (GC) 22 identifies particular categories of waters as CRWs and states that the District Engineer may designate additional waters as CRWs as appropriate. Under GC 22, some of the NWPs are prohibited from use in CRWs while other NWPs require mandatory notification to the Corps in these waters. The Tulsa District has designated specific waters in Oklahoma possessing high aquatic resource quality and value as CRWs. CRWs, in Oklahoma, are Outstanding Resource Waters (ORWs) and their watersheds, and High Quality Waters (HQWs) designated by the State of Oklahoma in Appendix A of the Water Quality Standards (OAC 785, Chapter 45). The ORWs include all waters in the supporting watersheds, HQWs do not. Both ORWs and HQWs include adjacent wetlands. The CRWs are available in the following link.
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