On June 18, the U.S. Army Corps of Engineers (Corps) released its proposal to reauthorize the Nationwide Permit (NWP) program under Section 404 of the Clean Water Act. The Corps issues NWPs to authorize certain categories of construction activities that involve discharges of dredged or fill material into waters of the United States, provided those activities result in no more than minimal individual and cumulative adverse environmental effects.
As a form of “general permits,” the NWP program is an important streamlining tool as individual permits can involve significant time and cost. The Corps reauthorizes the NWPs every 5 years, making sure not to let the existing permits lapse before issuing the new ones. If the coverage were to lapse, project proponents would need to seek coverage under an individual permit. AGC of America signed on to a letter with other industry trade associations to support the Corps efforts and to ensure that the NWPs are reauthorized without a lapse.
The letter explains that while there are areas in which the NWPs can improve, the Corps should move quickly to prevent a lapse. The Corps can look to improve the permits at a later time, in a separate rulemaking. We will work to ensure that those changes reflect the needs of the construction industry, address the priorities of the new administration, and improve acreage and mitigation thresholds and accelerating timelines.
If you have any questions, please contact Melinda Tomaino.