2021 Nationwide Permits

On January 13, 2021, the U.S. Army Corps of Engineers (USACE) published a final rule in the Federal Register (86 FR 2744) announcing the reissuance of 12 existing Nationwide Permits (NWPs) and issuance of four new NWPs, as well as the reissuance of NWP general conditions and definitions with some modifications.  A subsequent final rule published on December 27, 2021 announced the reissuance of the remaining 40 NWPs plus one new NWP.  Further information on the 2021 NWPs is available on the USACE Headquarters (HQ) website at: https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/Nationwide-Permits/.

The initial 16 NWPs went into effect on March 15, 2021.  The remaining 41 are effective as of February 25, 2022.  All of the 2021 NWPs will expire on March 14, 2026.

Resources

Initial 16 2021 Nationwide Permits Final Rule Federal Register Notice - 13 January 2021

Remaining 41 2021 Nationwide Permits Final Rule Federal Register Notice – 27 December 2021
2021 Nationwide Permits Final Rule Summary Chart
2021 Nationwide Permits Fact Sheet
2021 Nationwide Permits General Conditions

Los Angeles District Regional Conditions:
2021 NWP Regional Conditions (CA)
2021 NWP Regional Conditions (AZ)

Pre-construction notifications for authorization under the 2021 NWPs should be submitted using ENG Form 6082 NOTE: Internet Explorer is recommended for viewing. If you receive an error message regarding your PDF viewer, right click the "Application Form" link and select "Save Link As" to download the application. You may need to select "Enable All Features" to view the form in Adobe Acrobat.

401 Water Quality Certification

Clean Water Act section 401 Water Quality Certification (WQC) was requested from all certifying authorities within the Los Angeles District. This includes the states of California and Arizona, tribes with 401 authority, and the USEPA for all other tribal lands. The WQC status of each NWP for state certifying authorities, EPA, and applicable tribal authorities is provided in the District's summary tables for California and Arizona.

Use of any NWPs that are not certified will require individual water quality certification.

Please note that the U.S. Environmental Protection Agency's Clean Water Act Section 401 Certification Rule promulgated on July 13, 2020 has been vacated by the courts and is no longer in effect. WQC has reverted to the 1971 regulations while EPA develops new regulations. Additional information is available at EPA's website: 

https://www.epa.gov/cwa-401/2020-clean-water-act-section-401-certification-rule