2021 Nationwide Permits

MVS
Published Jan. 13, 2021
Expiration date: 3/14/2026

On January 13, 2021, the U.S. Army Corps of Engineers (Corps) published a notice in the Federal Register announcing the reissuance of 12 existing nationwide permits (NWPs) and four new NWPs, as well as the reissuance of NWP general conditions and definitions with some modifications. These 16 NWPs will go into effect on March 15, 2021 and will expire on March 14, 2026. The 12 existing NWP published in the January 13, 2021 final rule replace the 2017 versions of these NWPs. The 2017 versions of NWPs 12, 21, 29, 39, 40, 42, 43, 44, 48, 50, 51, and 52 expire on March 14, 2021. With the publication of this Federal Register notice, Corps divisions will begin finalizing their regional conditions for the new and reissued NWPs. Regional conditions will provide additional protection for the aquatic environment and will help ensure that the NWPs authorize only those activities with no more than minimal adverse environmental effects. Regional conditions will help ensure protection of high value waters within the St. Louis District. Corps divisions and districts will also begin determining which conditions for water quality certifications issued by states, tribes, and EPA for the issuance of these 16 NWPs become conditions of these NWPs. Corps divisions and districts will also begin determining which conditions for Coastal Zone Management Act consistency concurrences issued by states for the issuance of these 16 NWPs become conditions of these NWPs. Those regional conditions will be announced in a future public notice issued by the St. Louis District.

There are 40 existing NWPs that were not reissued or modified by the January/February 2021 final rule. Those 40 NWPs were published in the January 6, 2017, issue of the Federal Register (82 FR 1860) and those NWPs remain in effect until the Corps issues a final rule reissuing those NWPs or March 18, 2022, whichever comes first.