New Nationwide Permits Replace NWP 26
March 1, 2000
Amy L. Edwards- Washington
On March 9, 2000, the U.S. Army Corps of Engineers published a final rule
issuing five new nationwide permits (NWPs) and modifying six existing NWPs to
replace NWP 26 (65 Fed. Reg. 12817). The final rule also added two new NWP
general conditions and modified nine existing NWP general conditions. The final
rule will become effective on June 5, 2000, the date when NWP 26 is due to
expire. Any affected activities that begin after March 9 should plan to follow
the new rule.
The new NWPs are activity-based. They will generally require pre-construction
notification to the district engineer for any activity that will disturb more
than 1/10 of an acre of land. The maximum amount of acreage that can be
disturbed using a NWP is ½ acre. Local district offices are allowed to apply
more stringent conditions and limitations. The Corps contends that the new NWPs
will increase the protection of critical resource waters and waters of the
United States within 100-year floodplains.
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