2021 NWP for Illinois

CEMVS-OD-F
Published March 4, 2021
Expiration date: 3/14/2026

On January 13, 2021, the U.S. Army Corps of Engineers (Corps) published a final rule in the Federal Register (86 FR 2744) 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.

With the publication of these NWPs in the Federal Register, the Mississippi Valley Division (MVD) has finalized the regional conditions for these 16 NWPs in Illinois. Regional conditions provide additional protection for the aquatic environment and help ensure that the NWPs authorize only those activities with no more than minimal adverse environmental effects. Regional conditions help ensure protection of high value waters within the state of Illinois. The Regional Conditions can be found below or accessed at the St. Louis District Regulatory web page.

There are 40 existing NWPs that were not reissued or modified by the January 13, 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

The Section 401 Water Quality Certifications (WQC) have been issued for Section 404 NWP activities by the Illinois Environmental Protection Agency (IEPA). The WQCs were approved by the Mississippi Valley (MVD) Commander and are added as regional conditions to the NWPs.  Section 401 Water Quality Certification with conditions (General Conditions and/or Special Conditions) has been issued for NWPs: 3, 4, 5, 6, 7, 12, 13, 14, 15, 16, 17, 18, 19, 20, 22, 23, 25, 27, 29, 30, 31, 32, 33, 36, 37, 38, 39, 40, 41, 42, 43, 45, 46, 51, 52, 53, 54, C (now numbered as 57), D (now numbered as 58).  Section 401 Water Quality Certification has been denied for NWPs: 21, 34, 44, 48, 49, 50, and E. The WQC can be found below or accessed at the St. Louis District Regulatory web page.