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. 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/.
These 16 NWPs will go into effect on March 15, 2021, and will expire on March 14, 2026:
- NWP 12 – Oil or Natural Gas Pipeline Activities
- NWP 21 – Surface Coal Mining Activities
- NWP 29 – Residential Developments
- NWP 39 – Commercial and Institutional Developments
- NWP 40 – Agricultural Activities
- NWP 42 – Recreational Facilities
- NWP 43 – Stormwater Management Facilities
- NWP 44 – Mining Activities
- NWP 48 – Commercial Shellfish Mariculture Activities
- NWP 50 – Underground Coal Mining Activities
- NWP 51 – Land-Based Renewable Energy Generation Facilities
- NWP 52 – Water-Based Renewable Energy Generation Pilot Projects
- NWP 55 – Seaweed Mariculture Activities
- NWP 56 – Finfish Mariculture Activities
- NWP 57 – Electric Utility Line and Telecommunications Activities
- NWP 58 – Utility Line Activities for Water and Other Substances
2021 Nationwide Permits Final Rule Federal Register Notice - 13 January 2021
2021 Nationwide Permits Final Rule Summary Chart
2021 Nationwide Permits Fact Sheet
Los Angeles District Regional Conditions:
2021 NWP Regional Conditions (CA)
2021 NWP Regional Conditions (AZ)
NOTE: These regional conditions only apply to the 16 NWPs issued under the 2021 final rule listed above. Los Angeles District's 2017 NWP Regional Conditions continue to apply to the other 40 NWPs that are not being reissued at this time.
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.
The USACE Los Angeles District has prepared a summary table highlighting important distinctions between the 2017 and 2021 NWPs in terms of expiration dates, regional conditions, and 401 water quality certification status throughout Los Angeles District's Area of Responsibility.
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, 14 individual tribes with 401 authority and the USEPA for all other tribal lands. The WQC status of each NWP for the states of California and Arizona is provided in the District's summary table. This includes the WQC status of the 40 NWPs that are not being reissued at this time and remain in effect under the January 7, 2017 final rule. WQC information on tribal lands is available here.
Use of any NWPs that are not certified will require individual water quality certification pursuant to the U.S. Environmental Protection Agency's Clean Water Act Section 401 Certification Rule, which became effective September 11, 2020. Further information on new procedural requirements established by the 401 Rule can be found in Los Angeles District's Public Notice for the 401 Rule. NWPs that are certified or certified subject to conditions must follow the requirements of the certification issued by the certifying authority (state certifying authority, CA tribal authority, or AZ tribal authority). NWPs for which WQC has been waived do not require WQC from the associated certifying authority.
Tribal 401 WQCs
NWP activities on tribal lands within the boundaries of the Los Angeles District may be subject to additional conditions and other requirements (a map of tribal lands is available here). The USACE Los Angeles District has prepared summary tables that overview the WQC status on tribal lands within the states of California and Arizona.
Tribal 401 WQCs and denials issued for the 2021 NWPs are provided below: