The U.S. Army Corps of Engineers (COE) published the Final Rule for the Reissuance and Modification of Nationwide Permits in the Federal Register today, the culmination of an initiative that was started to replace the Permits well in advance of their scheduled March 2022 expiration. Wetland Studies and Solutions, Inc. (WSSI) has been following the process in Field Notes over the last 15 months (see below for the related articles) and is sharing this news today to keep you informed regarding the changes that could go into effect 60 days from publication (March 15, 2021) unless the incoming Administration takes action to revoke or revise the publication. We will be following the process and will keep you informed via Field Notes.
In this Final Rule, the COE is reissuing and modifying 12 existing Nationwide Permits (NWPs) and issuing four new NWPs. This is a departure from the Proposed Rule which announced re–issuance of all 52 NWPs and five new NWPs. Thus we could have NWPs with differing conditions and differing expiration dates.
Additionally, the final Virginia 401 Certification for the NWPs came out in December for the proposed changes to the 52 NWPs and the originally proposed five new NWPs. WSSI is looking into what this could mean for existing as well as new NWP authorizations.
Contact Us
WSSI will continue to monitor this process and will share updates in Field Notes. If you have questions in the meantime, please contact Christie Blevins, Lauren Conner, or Mark Headly in our Gainesville office; Bob Kerr or Mark McElroy in our Hampton Roads office; or Mike Klebasko or Scott Petrey in our Maryland office.
You can read the recent Nationwide Permit news in our previous Field Notes articles:
- Draft §401 Water Quality Certification for Nationwide Permits Released, November 16, 2020
- Draft Nationwide Permit Regional Conditions Released, October 6, 2020
- New Nationwide Permits Released For Public Comment, September 16, 2020
- New Nationwide Permits Released in Pre–Publication Form, Will Be Proposed Soon, August 5, 2020
- Early Reissuance of Nationwide Permits, November 21, 2019
- Update: Nationwide Permit 12 Available AGAIN, July 7, 2020
- Update: Nationwide Permit 12 Available (For Some), May 12, 2020
- Nationwide Permit 12 Vacated, April 21, 2020