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Regulatory Division

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The purpose of the public notice process is to solicit comments from the public and information necessary to evaluate the probable impact on the public interest regarding the proposed activity seeking authorization from the USACE. Responses preferred to be submitted through RRS or can be submitted via email or mail to the District.

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The USACE is soliciting comments from the public; Federal, State, and local agencies and officials; Tribal Nations; and other interested parties in order to consider and evaluate the impacts of proposed activity by applicants. Any comments received will be considered by the USACE to determine whether to issue, modify, condition, or deny a permit for proposed activities. To make this determination, comments are used to assess impacts to endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. All factors which may be relevant to the proposal will be considered including cumulative impacts thereof; among these are conservation, economics, aesthetics, general environmental concerns, wetlands, historical properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and in general, the needs and welfare of the people.

Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Any comments or objections which are received during this period may be forwarded to the applicant for possible resolution before the determination is made whether to issue or deny the requested permit. Please note that all comments received will become part of the administrative record and are subject to public release under the Freedom of Information Act.

Announcing Reissuance of the Nationwide Permits (NWPs), Missouri Regional Conditions & 401 Water Quality Certifications

Regulatory Division

Published March 13, 2026

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Special Public Notice for the Nationwide Permit Reissuance and Regional Conditions for the State of Missouri

On January 8, 2026, the U.S. Army Corps of Engineers (Corps) published a final rule in the Federal Register (91 FR 768) announcing the reissuance of 56 existing nationwide permits (NWPs) and issuance of one new NWP, as well as the reissuance of NWP general conditions and definitions with some modifications. These 57 NWPs will go into effect on March 15, 2026, and will expire on March 15, 2031:

1. Aids to Navigation
2. Structures in Artificial Canals
3. Maintenance
4. Fish and Wildlife Harvesting, Enhancement, and Attraction Devices and Activities
5. Scientific Measurement Devices
6. Survey Activities
7. Outfall Structures and Associated Intake Structures
8. Oil and Gas Structures on the Outer Continental Shelf
9. Structures in Fleeting and Anchorage Areas
10. Mooring Buoys
11. Temporary Recreational Structures
12. Oil or Natural Gas Pipeline Activities
13. Bank Stabilization
14. Linear Transportation Projects
15. U.S. Coast Guard Approved Bridges
16. Return Water From Upland Contained Disposal Areas
17. Hydropower Projects
18. Minor Discharges
19. Minor Dredging
20. Response Operations for Oil or Hazardous Substances
21. Surface Coal Mining Activities
22. Removal of Vessels
23. Approved Categorical Exclusions
24. Indian Tribe or State Administered Section 404 Programs
25. Structural Discharges
26. [Reserved]
27. Aquatic Ecosystem Restoration, Enhancement, and Establishment Activities
28. Modifications of Existing Marinas
29. Residential Developments
30. Moist Soil Management for Wildlife
31. Maintenance of Existing Flood Control Facilities
32. Completed Enforcement Actions
33. Temporary Construction, Access, and Dewatering
34. Cranberry Production Activities
35. Maintenance Dredging of Existing Basins
36. Boat Ramps
37. Emergency Watershed Protection and Rehabilitation
38. Cleanup of Hazardous and Toxic Waste
39. Commercial and Institutional Developments
40. Agricultural Activities
41. Reshaping Existing Drainage and Irrigation Ditches
42. Recreational Facilities
43. Stormwater Management Facilities
44. Mining Activities
45. Repair of Uplands Damaged by Discrete Events
46. Discharges in Ditches
47. [Reserved]
48. Commercial Shellfish Mariculture Activities
49. Coal Remining Activities
50. Underground Coal Mining Activities
51. Land-Based Renewable Energy Generation Facilities
52. Water-Based Renewable Energy Generation Pilot Projects
53. Removal of Low-Head Dams
54. Living Shorelines
55. Seaweed Mariculture Activities
56. [Reserved]
57. Electric Utility Line and Telecommunications Activities
58. Utility Line Activities for Water and Other Substances
59. Water Reclamation and Reuse Facilities
60. Activities To Improve Passage of Fish and Other Aquatic Organisms

The 57 NWPs published in the January 8, 2026, final action replace the 2021 versions of these NWPs. According to 33 CFR § 330.6(b), activities which have commenced (i.e, are under construction) or are under contract to commence in reliance upon an NWP that was verified under the 2021 NWP, will remain authorized provided the activity is completed within twelve months of the date of an NWP's expiration, modification, or revocation. If an activity that was verified under these 57 NWPs and has commenced or is under contract to commence, they will remain authorized until March 15, 2027.

With the publication of these NWPs in the Federal Register, the Northwestern Division has finalized regional conditions for these 57 NWPs in the State of Missouri. 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 Missouri where the Kansas City District is the lead district and Little Rock, Memphis, Rock Island and
St. Louis Districts also implement the NWP program.

The Section 401 Water Quality Certifications (WQC) have been issued for Section 404 NWP activities by the Missouri Department of Natural Resources in the State of Missouri. The WQCs
were accepted by the Northwestern Division Commander and any conditions of the WQC are added to the NWPs as regional conditions.

The January 8, 2026, Federal Register notice is available for viewing at: https://www.federalregister.gov/documents/2026/01/08/2026-00121/reissuance-and-
modification-of-nationwide-permits

As an alternative, interested parties can access the January 8, 2026, final action and related documents at: https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/
Nationwide-Permits

All Kansas City District NWP Documents and information will be posted at: https://www.nwk.usace.army.mil/Missions/Regulatory/Nation-Wide-Permits/

POINT OF CONTACT: If you have questions or need additional information, please contact Mr. Anthony Koch via email at anthony.j.koch@usace.army.mil or by phone at (816) 400-6081.