CURRENT NATIONWIDE PERMITS FOR USE IN CHICAGO DISTRICT 

ILLINOIS SECTION

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 modified NWP general conditions and definitions. 

The NWP Program is an integral part of the Corps Regulatory Program and is designed to provide effective protection for wetlands and other aquatic resources while being administratively efficient. The NWPs include specific project limitations and  conditions to ensure that adverse environmental effects are no more than minimal and that the aquatic environment is protected. If a permit applicant designs a project to meet these limitations and conditions, the Corps can provide a simplified and expedited review and project authorization. We encourage permit applicants to consider the advantages of designing projects that meet the criteria for a NWP authorization.

The Illinois portion of the Chicago District is transitioning from its Regional Permit Program to the NWP Program with the goal of adopting all the NWPs when they get reissued.  A chart summarizing all NWP requirements can be found in the left "NWP Info" menu.  The below list contains individual fact sheets that include information on applicable regional conditions, 401 water quality certification, and coastal zone management concurrence:

Current Nationwide Permits in Illinois

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 NWP 2 - Structures in Artificial Canals (2017, expires March 18, 2022)

Structures constructed in artificial canals within principally residential developments where the connection of the canal to a navigable water of the United States has been previously authorized (see 33 CFR 322.5(g)). (Authority: Section 10)

IEPA Section 401 Water Quality Certification: N/A

IDNR Coastal Zone Management Consistency Concurrence: 2017

 NWP 4 - Fish and Wildlife Harvesting, Enhancement (2017, expires March 18, 2022)

​Fish and wildlife harvesting devices and activities such as pound nets, crab traps, crab dredging, eel pots, lobster traps, duck blinds, and clam and oyster digging, fish aggregating devices, and small fish attraction devices such as open water fish concentrators (sea kites, etc.). This NWP does not authorize artificial reefs or impoundments and semi-impoundments of waters of the United States for the culture or holding of motile species such as lobster, or the use of covered oyster trays or clam racks. (Authorities: Sections 10 and 404)

IEPA Section 401 Water Quality Certification: Issued subject to General Conditions

IDNR Coastal Zone Management Consistency Concurrence: 2017

 NWP 5 - Scientific Measurement Devices (2017, expires March 18, 2022)

Devices, whose purpose is to measure and record scientific data, such as staff gages, tide and current gages, meteorological stations, water recording and biological observation devices, water quality testing and improvement devices, and similar structures. Small weirs and flumes constructed primarily to record water quantity and velocity are also authorized provided the discharge is limited to 25 cubic yards. Upon completion of the use of the device to measure and record scientific data, the measuring device and any other structures or fills associated with that device (e.g., foundations, anchors, buoys, lines, etc.) must be removed to the maximum extent practicable and the site restored to pre-construction elevations. (Authorities: Sections 10 and 404)

IEPA Section 401 Water Quality Certification: Issued subject to General Conditions

IDNR Coastal Zone Management Consistency Concurrence: 2017

 NWP 6 - Survey Activities (2017, expires March 18, 2022)

Survey activities, such as core sampling, seismic exploratory operations, plugging of seismic shot holes and other exploratory-type bore holes, exploratory trenching, soil surveys, sampling, sample plots or transects for wetland delineations, and historic resources surveys. For the purposes of this NWP, the term “exploratory trenching" means mechanical land clearing of the upper soil profile to expose bedrock or substrate, for the purpose of mapping or sampling the exposed material. The area in which the exploratory trench is dug must be restored to its pre-construction elevation upon completion of the work and must not drain a water of the United States. In wetlands, the top 6 to 12 inches of the trench should normally be backfilled with topsoil from the trench. This NWP authorizes the construction of temporary pads, provided the discharge does not exceed 1/10-acre in waters of the U.S. Discharges and structures associated with the recovery of historic resources are not authorized by this NWP. Drilling and the discharge of excavated material from test wells for oil and gas exploration are not authorized by this NWP; the plugging of such wells is authorized. Fill placed for roads and other similar activities is not authorized by this NWP. The NWP does not authorize any permanent structures. The discharge of drilling mud and cuttings may require a permit under section 402 of the Clean Water Act. (Authorities: Sections 10 and 404)

IEPA Section 401 Water Quality Certification: Issued subject to General and Special Conditions

IDNR Coastal Zone Management Consistency Concurrence: 2017

Structures for the exploration, production, and transportation of oil, gas, and minerals on the outer continental shelf within areas leased for such purposes by the Department of the Interior, Bureau of Ocean Energy Management. Such structures shall not be placed within the limits of any designated shipping safety fairway or traffic separation scheme, except temporary anchors that comply with the fairway regulations in 33 CFR 322.5(l). The district engineer will review such proposals to ensure compliance with the provisions of the fairway regulations in 33 CFR 322.5(l). Any Corps review under this NWP will be limited to the effects on navigation and national security in accordance with 33 CFR 322.5(f), as well as 33 CFR 322.5(l) and 33 CFR part 334. Such structures will not be placed in established danger zones or restricted areas as designated in 33 CFR part 334, nor will such structures be permitted in EPA or Corps-designated dredged material disposal areas.

 Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity. (See general condition 32.) (Authority: Section 10)

IEPA Section 401 Water Quality Certification: N/A

IDNR Coastal Zone Management Consistency Concurrence: 2017

 NWP 9 - Structures in Fleeting/Anchorage Areas (2017, expires March 18, 2022)

Structures, buoys, floats, and other devices placed within anchorage or fleeting areas to facilitate moorage of vessels where such areas have been established for that purpose. (Authority: Section 10)

IEPA Section 401 Water Quality Certification: N/A

IDNR Coastal Zone Management Consistency Concurrence: 2017

 NWP 12 - Oil or Natural Gas Pipeline Activities (2021, expires March 14, 2026)

Activities required for the construction, maintenance, repair, and removal of oil and natural gas pipelines and associated facilities in waters of the United States, provided the activity does not result in the loss of greater than 1/2-acre of waters of the United States for each single and complete project.

Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity if:

  1. A section 10 permit is required;
  2. the discharge will result in the loss of greater than 1/10-acre of waters of the United States; or
  3. the proposed oil or natural gas pipeline activity is associated with an overall project that is greater than 250 miles in length and the project purpose is to install new pipeline (vs. conduct repair or maintenance activities) along the majority of the distance of the overall project length. If the proposed oil or gas pipeline is greater than 250 miles in length, the pre-construction notification must include the locations and proposed impacts for all crossings of waters of the United States that require DA authorization, including those crossings authorized by NWP would not otherwise require pre-construction notification. (See general condition 32.) (Authorities: Sections 10 and 404)

IEPA Section 401 Water Quality Certification: Issued subject to General and Special Conditions

IDNR Coastal Zone Management Consistency Concurrence2021

 NWP 15 - U.S. Coast Guard Approved Bridges (2017, expires March 18, 2022)

NWP - 15 U.S. Coast Guard Approved Bridges (2017, expires March 18, 2022)

Discharges of dredged or fill material incidental to the construction of a bridge across navigable waters of the United States, including cofferdams, abutments, foundation seals, piers, and temporary construction and access fills, provided the construction of the bridge structure has been authorized by the U.S. Coast Guard under section 9 of the Rivers and Harbors Act of 1899 or other applicable laws. Causeways and approach fills are not included in this NWP and will require a separate section 404 permit. (Authority: Section 404 of the Clean Water Act (Section 404))

IEPA Section 401 Water Quality Certification: Issued subject to General and Special Conditions 

IDNR Coastal Zone Management Consistency Concurrence: 2017

Return water from an upland contained dredged material disposal area. The return water from a contained disposal area is administratively defined as a discharge of dredged material by 33 CFR 323.2(d), even though the disposal itself occurs in an area that has no waters of the United States and does not require a section 404 permit. This NWP satisfies the technical requirement for a section 404 permit for the return water where the quality of the return water is controlled by the state through the Clean Water Act section 401 certification procedures. The dredging activity may require a section 404 permit (33 CFR 323.2(d)), and will require a section 10 permit if located in navigable waters of the United States. (Authority: Section 404)

IEPA Section 401 Water Quality Certification: Issued subject to General and Special Conditions

IDNR Coastal Zone Management Consistency Concurrence: 2017

 NWP 17 - Hydropower Projects (2017, expires March 18, 2022)

Discharges of dredged or fill material associated with hydropower projects having: (a) Less than 10,000 kW of total generating capacity at existing reservoirs, where the project, including the fill, is licensed by the Federal Energy Regulatory Commission (FERC) under the Federal Power Act of 1920, as amended; or (b) a licensing exemption granted by the FERC pursuant to section 408 of the Energy Security Act of 1980 (16 U.S.C. 2705 and 2708) and section 30 of the Federal Power Act, as amended.

Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity. (See general condition 32.) (Authority: Section 404)

IEPA Section 401 Water Quality Certification: Issued subject to General and Special Conditions

IDNR Coastal Zone Management Consistency Concurrence: 2017

 NWP 21 - Surface Coal Mining Activities (2021, expires March 14, 2026)

               Discharges of dredged or fill material into waters of the United States associated with surface coal mining and reclamation operations, provided the following criteria are met:

  1. The activities are already authorized, or are currently being processed by states with approved programs under Title V of the Surface Mining Control and Reclamation Act of 1977 or by the Department of the Interior, Office of Surface Mining Reclamation and Enforcement;
  2. The discharge must not cause the loss of greater than 1/2-acre of non-tidal waters of the United States. This NWP does not authorize discharges into tidal waters or non-tidal wetlands adjacent to tidal waters; and
  3. The discharge is not associated with the construction of valley fills. A “valley fill" is a fill structure that is typically constructed within valleys associated with steep, mountainous terrain, associated with surface coal mining activities.​

Notification: The permittee must submit a pre-construction notification to the district engineer. (See general condition 32.) (Authorities: Sections 10 and 404)

IEPA Section 401 Water Quality Certification: Denied; requires individual water quality certification

IDNR Coastal Zone Management Consistency Concurrence: 2021

 NWP 23 - Approved Categorical Exclusions (2017, expires March 18, 2022)

Activities undertaken, assisted, authorized, regulated, funded, or financed, in whole or in part, by another Federal agency or department where:

  1. That agency or department has determined, pursuant to the Council on Environmental Quality's implementing regulations for the National Environmental Policy Act (40 CFR part 1500), that the activity is categorically excluded from the requirement to prepare an environmental impact statement or environmental assessment analysis, because it is included within a category of actions which neither individually nor cumulatively have a significant effect on the human environment; and
  2. The Office of the Chief of Engineers (Attn: CECW-CO) has concurred with that agency's or department's determination that the activity is categorically excluded and approved the activity for authorization under NWP 23.
     

The Office of the Chief of Engineers may require additional conditions, including pre-construction notification, for authorization of an agency's categorical exclusions under this NWP.

Notification: Certain categorical exclusions approved for authorization under this NWP require the permittee to submit a pre-construction notification to the district engineer prior to commencing the activity (see general condition 32). The activities that require pre-construction notification are listed in the appropriate Regulatory Guidance Letter(s). (Authorities: Sections 10 and 404)

IEPA Section 401 Water Quality Certification: Denied; requires individual water quality certification

IDNR Coastal Zone Management Consistency Concurrence: 2017

 NWP 24 - Indian Tribe or State Administered (2017, expires March 18, 2022)

​Any activity permitted by a state or Indian Tribe administering its own section 404 permit program pursuant to 33 U.S.C. 1344(g)-(l) is permitted pursuant to section 10 of the Rivers and Harbors Act of 1899. (Authority: Section 10)

IEPA Section 401 Water Quality Certification: N/A

IDNR Coastal Zone Management Consistency Concurrence: 2017

 NWP 28 - Modifications to Existing Marinas (2017, expires March 18, 2022)

Reconfiguration of existing docking facilities within an authorized marina area. No dredging, additional slips, dock spaces, or expansion of any kind within waters of the United States is authorized by this NWP. (Authority: Section 10)

IEPA Section 401 Water Quality Certification: N/A

IDNR Coastal Zone Management Consistency Concurrence: 2017

 NWP 29 - Residential Developments (2021, expires March 14, 2026)

Discharges of dredged or fill material into non-tidal waters of the United States for the construction or expansion of a single residence, a multiple unit residential development, or a residential subdivision. This NWP authorizes the construction of building foundations and building pads and attendant features that are necessary for the use of the residence or residential development. Attendant features may include but are not limited to roads, parking lots, garages, yards, utility lines, storm water management facilities, septic fields, and recreation facilities such as playgrounds, playing fields, and golf courses (provided the golf course is an integral part of the residential development).

The discharge must not cause the loss of greater than 1/2-acre of non-tidal waters of the United States. This NWP does not authorize discharges into non-tidal wetlands adjacent to tidal waters.

Subdivisions: For residential subdivisions, the aggregate total loss of waters of United States authorized by this NWP cannot exceed 1/2-acre. This includes any loss of waters of the United States associated with development of individual subdivision lots.

Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity. (See general condition 32.) (Authorities: Sections 10 and 404)

IEPA Section 401 Water Quality Certification: Issued subject to General and Special Conditions

IDNR Coastal Zone Management Consistency Concurrence: 2021

 NWP 30 - Moist Soil Management for Wildlife (2017, expires March 18, 2022)

Discharges of dredged or fill material into non-tidal waters of the United States and maintenance activities that are associated with moist soil management for wildlife for the purpose of continuing ongoing, site-specific, wildlife management activities where soil manipulation is used to manage habitat and feeding areas for wildlife. Such activities include, but are not limited to, plowing or discing to impede succession, preparing seed beds, or establishing fire breaks. Sufficient riparian areas must be maintained adjacent to all open water bodies, including streams, to preclude water quality degradation due to erosion and sedimentation. This NWP does not authorize the construction of new dikes, roads, water control structures, or similar features associated with the management areas. The activity must not result in a net loss of aquatic resource functions and services. This NWP does not authorize the conversion of wetlands to uplands, impoundments, or other open water bodies. (Authority: Section 404)

IEPA Section 401 Water Quality Certification: Issued subject to General Conditions

IDNR Coastal Zone Management Consistency Concurrence: 2017

Discharges of dredged or fill material for dikes, berms, pumps, water control structures or leveling of cranberry beds associated with expansion, enhancement, or modification activities at existing cranberry production operations. The cumulative total acreage of disturbance per cranberry production operation, including but not limited to, filling, flooding, ditching, or clearing, must not exceed 10 acres of waters of the United States, including wetlands. The activity must not result in a net loss of wetland acreage. This NWP does not authorize any discharge of dredged or fill material related to other cranberry production activities such as warehouses, processing facilities, or parking areas. For the purposes of this NWP, the cumulative total of 10 acres will be measured over the period that this NWP is valid.

Notification: The permittee must submit a pre-construction notification to the district engineer once during the period that this NWP is valid, and the NWP will then authorize discharges of dredge or fill material at an existing operation for the permit term, provided the 10-acre limit is not exceeded. (See general condition 32.) (Authority: Section 404)​

IEPA Section 401 Water Quality Certification: Denied; requires individual water quality certification

IDNR Coastal Zone Management Consistency Concurrence: 2017

 NWP 35 - Maintenance Dredging of Existing Basins (2017, expires March 18, 2022)

​The removal of accumulated sediment for maintenance of existing marina basins, access channels to marinas or boat slips, and boat slips to previously authorized depths or controlling depths for ingress/egress, whichever is less. All dredged material must be deposited and retained in an area that has no waters of the United States unless otherwise specifically approved by the district engineer under separate authorization. Proper sediment controls must be used for the disposal site. (Authority: Section 10)

IEPA Section 401 Water Quality Certification: N/A

IDNR Coastal Zone Management Consistency Concurrence: 2017

Work done by or funded by:

  1. The Natural Resources Conservation Service for a situation requiring immediate action under its emergency Watershed Protection Program (7 CFR part 624);
  2. The U.S. Forest Service under its Burned-Area Emergency Rehabilitation Handbook (FSH 2509.13);
  3. The Department of the Interior for wildland fire management burned area emergency stabilization and rehabilitation (DOI Manual part 620, Ch. 3);
  4. The Office of Surface Mining, or states with approved programs, for abandoned mine land reclamation activities under Title IV of the Surface Mining Control and Reclamation Act (30 CFR subchapter R), where the activity does not involve coal extraction; or
  5. The Farm Service Agency under its Emergency Conservation Program (7 CFR part 701).

In general, the permittee should wait until the district engineer issues an NWP verification or 45 calendar days have passed before proceeding with the watershed protection and rehabilitation activity. (see full text)

Notification: Except in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur, the permittee must submit a pre-construction notification to the district engineer prior to commencing the activity (see general condition 32). (Authorities: Sections 10 and 404)

IEPA Section 401 Water Quality Certification: Denied; requires individual water quality certification

IDNR Coastal Zone Management Consistency Concurrence: 2017

 NWP 39 - Commercial and Institutional Developments (2021, expires March 14, 2026)

Discharges of dredged or fill material into non-tidal waters of the United States for the construction or expansion of commercial and institutional building foundations and building pads and attendant features that are necessary for the use and maintenance of the structures. Attendant features may include, but are not limited to, roads, parking lots, garages, yards, utility lines, storm water management facilities, wastewater treatment facilities, and recreation facilities such as playgrounds and playing fields. Examples of commercial developments include retail stores, industrial facilities, restaurants, business parks, and shopping centers. Examples of institutional developments include schools, fire stations, government office buildings, judicial buildings, public works buildings, libraries, hospitals, and places of worship. The construction of new golf courses and new ski areas is not authorized by this NWP.

The discharge must not cause the loss of greater than 1/2-acre of non-tidal waters of the United States. This NWP does not authorize discharges into non-tidal wetlands adjacent to tidal waters.

Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity. (See general condition 32.) (Authorities: Sections 10 and 404)

IEPA Section 401 Water Quality Certification: Issued subject to General and Special Conditions

IDNR Coastal Zone Management Consistency Concurrence: 2021

 NWP 40 - Agricultural Activities (2021, expires March 14, 2026)

Discharges of dredged or fill material into non-tidal waters of the United States for agricultural activities, including the construction of building pads for farm buildings. Authorized activities include the installation, placement, or construction of drainage tiles, ditches, or levees; mechanized land clearing; land leveling; the relocation of existing serviceable drainage ditches constructed in waters of the United States; and similar activities. (see full text)

Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity. (See general condition 32.) (Authority: Section 404)

IEPA Section 401 Water Quality Certification: Issued subject to General and Special Conditions

IDNR Coastal Zone Management Consistency Concurrence: 2021

 NWP 42 - Recreational Facilities (2021, expires March 14, 2026)

Discharges of dredged or fill material into non-tidal waters of the United States for the construction or expansion of recreational facilities. Examples of recreational facilities that may be authorized by this NWP include playing fields (e.g., football fields, baseball fields), basketball courts, tennis courts, hiking trails, bike paths, golf courses, ski areas, horse paths, nature centers, and campgrounds (excluding recreational vehicle parks). This NWP also authorizes the construction or expansion of small support facilities, such as maintenance and storage buildings and stables that are directly related to the recreational activity, but it does not authorize the construction of hotels, restaurants, racetracks, stadiums, arenas, or similar facilities.

The discharge must not cause the loss of greater than 1/2-acre of non-tidal waters of the United States. This NWP does not authorize discharges into non-tidal wetlands adjacent to tidal waters.

Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity. (See general condition 32.) (Authority: Section 404)​

IEPA Section 401 Water Quality Certification: Issued subject to General and Special Conditions

IDNR Coastal Zone Management Consistency Concurrence: 2021

 NWP 43 - Stormwater Management Facilities (2021, expires March 14, 2026)

Discharges of dredged or fill material into non-tidal waters of the United States for the construction of stormwater management facilities, including stormwater detention basins and retention basins and other stormwater management facilities; the construction of water control structures, outfall structures and emergency spillways; the construction of low impact development integrated management features such as bioretention facilities (e.g., rain gardens), vegetated filter strips, grassed swales, and infiltration trenches; and the construction of pollutant reduction green infrastructure features designed to reduce inputs of sediments, nutrients, and other pollutants into waters, such as features needed to meet reduction targets established under Total Daily Maximum Loads set under the Clean Water Act. (see full text)

Notification: For discharges into non-tidal waters of the United States for the construction of new stormwater management facilities or pollutant reduction green infrastructure features, or the expansion of existing stormwater management facilities or pollutant reduction green infrastructure features, the permittee must submit a pre-construction notification to the district engineer prior to commencing the activity. (See general condition 32.) Maintenance activities do not require pre-construction notification if they are limited to restoring the original design capacities of the stormwater management facility or pollutant reduction green infrastructure feature. (Authority: Section 404)​

IEPA Section 401 Water Quality Certification: Issued subject to General and Special Conditions

IDNR Coastal Zone Management Consistency Concurrence: 2021

 NWP 44 - Mining Activities (2021, expires March 14, 2026)

​Discharges of dredged or fill material into non-tidal waters of the United States for mining activities, except for coal mining activities, provided the activity meets all of the following criteria:

  1. For mining activities involving discharges of dredged or fill material into non-tidal wetlands, the discharge must not cause the loss of greater than 1/2-acre of non-tidal wetlands;
  2. For mining activities involving discharges of dredged or fill material in non-tidal open waters (e.g., rivers, streams, lakes, and ponds) or work in non-tidal navigable waters of the United States (i.e., section 10 waters), the mined area, including permanent and temporary impacts due to discharges of dredged or fill material into jurisdictional waters, must not exceed 1/2-acre; and
  3. The acreage loss under paragraph (a) plus the acreage impact under paragraph (b) does not exceed 1/2-acre.

Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity. (See general condition 32.) If reclamation is required by other statutes, then a copy of the final reclamation plan must be submitted with the pre-construction notification. (Authorities: Sections 10 and 404)

IEPA Section 401 Water Quality Certification: Denied; requires individual water quality certification

IDNR Coastal Zone Management Consistency Concurrence: 2021

​This NWP authorizes discharges of dredged or fill material, including dredging or excavation, into all waters of the United States for activities associated with the restoration of upland areas damaged by storms, floods, or other discrete events. (See full text)

Notification: The permittee must submit a pre-construction notification to the district engineer (see general condition 32) within 12 months of the date of the damage; for major storms, floods, or other discrete events, the district engineer may waive the 12-month limit for submitting a pre-construction notification if the permittee can demonstrate funding, contract, or other similar delays. The pre-construction notification must include documentation, such as a recent topographic survey or photographs, to justify the extent of the proposed restoration. (Authorities: Sections 10 and 404)

IEPA Section 401 Water Quality Certification: Issued subject to General Conditions

IDNR Coastal Zone Management Consistency Concurrence: 2017

 NWP 46 - Discharges in Ditches (2017, expires March 18, 2022)

Discharges of dredged or fill material into non-tidal ditches that are:

  1. Constructed in uplands, 
  2. receive water from an area determined to be a water of the United States prior to the construction of the ditch,
  3. divert water to an area determined to be a water of the United States prior to the construction of the ditch, and 
  4. determined to be waters of the United States. The discharge must not cause the loss of greater than one acre of waters of the United States.

This NWP does not authorize discharges of dredged or fill material into ditches constructed in streams or other waters of the United States, or in streams that have been relocated in uplands. This NWP does not authorize discharges of dredged or fill material that increase the capacity of the ditch and drain those areas determined to be waters of the United States prior to construction of the ditch.

Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity. (See general condition 32.) (Authority: Section 404)

IEPA Section 401 Water Quality Certification: Issued subject to General and Special Conditions

IDNR Coastal Zone Management Consistency Concurrence: 2017

 NWP 48 - Commercial Shellfish Mariculture Activities (2021, expires March 14, 2026)

Discharges of dredged or fill material into waters of the United States or structures or work in navigable waters of the United States necessary for new and continuing commercial shellfish mariculture operations in authorized project areas. For the purposes of this NWP, the project area is the area in which the operator is authorized to conduct commercial shellfish mariculture activities, as identified through a lease or permit issued by an appropriate state or local government agency, a treaty, or any easement, lease, deed, contract, or other legally binding agreement that establishes an enforceable property interest for the operator. (see full text)

IEPA Section 401 Water Quality Certification: Denied; requires individual water quality certification

IDNR Coastal Zone Management Consistency Concurrence: 2021

 NWP 49 - Coal Remining Activities (2017, expires March 18, 2022)

Discharges of dredged or fill material into non-tidal waters of the United States associated with the remining and reclamation of lands that were previously mined for coal. The activities must already be authorized, or they must currently be in process by the Department of the Interior Office of Surface Mining Reclamation and Enforcement, or by states with approved programs under Title IV or Title V of the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Areas previously mined include reclaimed mine sites, abandoned mine land areas, or lands under bond forfeiture contracts. (see full text)

Notification: The permittee must submit a pre-construction notification and a document describing how the overall mining plan will result in a net increase in aquatic resource functions to the district engineer. (See general condition 32.) (Authorities: Sections 10 and 404)​

IEPA Section 401 Water Quality Certification: Denied; requires individual water quality certification

IDNR Coastal Zone Management Consistency Concurrence: 2017

 NWP 50 - Underground Coal Mining Activities (2021, expires March 14, 2026)

Discharges of dredged or fill material into non-tidal waters of the United States associated with underground coal mining and reclamation operations provided the activities are authorized, or are currently being processed by the Department of the Interior, Office of Surface Mining Reclamation and Enforcement, or by states with approved programs under Title V of the Surface Mining Control and Reclamation Act of 1977. (see full text)

Notification: The permittee must submit a pre-construction notification to the district engineer. (See general condition 32.) If reclamation is required by other statutes, then a copy of the reclamation plan must be submitted with the pre-construction notification. (Authorities: Sections 10 and 404)​

IEPA Section 401 Water Quality Certification: Denied; requires individual water quality certification

IDNR Coastal Zone Management Consistency Concurrence: 2021

Discharges of dredged or fill material into non-tidal waters of the United States for the construction, expansion, or modification of land-based renewable energy production facilities, including attendant features. Such facilities include infrastructure to collect solar (concentrating solar power and photovoltaic), wind, biomass, or geothermal energy. Attendant features may include, but are not limited to roads, parking lots, and stormwater management facilities within the land-based renewable energy generation facility. (see full text)

Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity if the discharge results in the loss of greater than 1/10-acre of waters of the United States. (See general condition 32.) (Authorities: Sections 10 and 404)

IEPA Section 401 Water Quality Certification: Issued subject to General and Special Conditions

IDNR Coastal Zone Management Consistency Concurrence: 2021

Structures and work in navigable waters of the United States and discharges of dredged or fill material into waters of the United States for the construction, expansion, modification, or removal of water-based wind, water-based solar, wave energy, or hydrokinetic renewable energy generation pilot projects and their attendant features. Attendant features may include, but are not limited to, land-based collection and distribution facilities, control facilities, roads, parking lots, and stormwater management facilities. (see full text)

Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity. (See general condition 32.) (Authorities: Sections 10 and 404)

IEPA Section 401 Water Quality Certification: Issued subject to General and Special Conditions

IDNR Coastal Zone Management Consistency Concurrence: 2021

 NWP 53 - Removal of Low-Head Dams (2017, expires March 18, 2022)

Structures and work in navigable waters of the United States and discharges of dredged or fill material into waters of the United States associated with the removal of low-head dams. (see full text)

Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity. (See general condition 32.) (Authorities: Sections 10 and 404)

IEPA Section 401 Water Quality Certification: Issued subject to General and Special Conditions

IDNR Coastal Zone Management Consistency Concurrence: 2017

 NWP 54 - Living Shorelines (2017, expires March 18, 2022)

​Structures and work in navigable waters of the United States and discharges of dredged or fill material into waters of the United States for the construction and maintenance of living shorelines to stabilize banks and shores in coastal waters, which includes the Great Lakes, along shores with small fetch and gentle slopes that are subject to low- to mid-energy waves. A living shoreline has a footprint that is made up mostly of native material. It incorporates vegetation or other living, natural “soft" elements alone or in combination with some type of harder shoreline structure (e.g., oyster or mussel reefs or rock sills) for added protection and stability. Living shorelines should maintain the natural continuity of the land-water interface, and retain or enhance shoreline ecological processes. (see full text)

Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the construction of the living shoreline. (See general condition 32.) The pre-construction notification must include a delineation of special aquatic sites (see paragraph (b)(4) of general condition 32). Pre-construction notification is not required for maintenance and repair activities for living shorelines unless required by applicable NWP general conditions or regional conditions. (Authorities: Sections 10 and 404)

IEPA Section 401 Water Quality Certification: Issued subject to General and Special Conditions

IDNR Coastal Zone Management Consistency Concurrence: 2017

 NWP 55 - Seaweed Mariculture Activities (2021, expires March 14, 2026)

Structures or work in marine waters, including structures anchored to the seabed in waters overlying the outer continental shelf, for seaweed mariculture activities. This NWP also authorizes shellfish mariculture if shellfish production is a component of an integrated multi-trophic mariculture system (e.g., the production of seaweed and shellfish on the same structure or a nearby mariculture structure that is part of the single and complete project). (see full text)

Notification: The permittee must submit a pre-construction notification to the district engineer. (See general condition 32.)

IEPA Section 401 Water Quality Certification: N/A

IDNR Coastal Zone Management Consistency Concurrence: 2021

 NWP 56 - Finfish Mariculture Activities (2021, expires March 14, 2026)

Structures or work in marine and estuarine waters, including structures anchored to the seabed in waters overlying the outer continental shelf, for finfish mariculture activities. This NWP also authorizes shellfish mariculture and/or seaweed mariculture if the shellfish and/or seaweed production are a component of an integrated multi-trophic mariculture system (e.g., the production of seaweed or shellfish on the structure used for finfish mariculture, or a nearby mariculture structure that is part of the single and complete project). (see full text)

Notification: The permittee must submit a pre-construction notification to the district engineer. (See general condition 32.)

IEPA Section 401 Water Quality Certification: N/A

IDNR Coastal Zone Management Consistency Concurrence: 2021

Activities required for the construction, maintenance, repair, and removal of electric utility lines, telecommunication lines, and associated facilities in waters of the United States, provided the activity does not result in the loss of greater than 1/2-acre of waters of the United States for each single and complete project. (see full text)

Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity if:

  1. A section 10 permit is required; or
  2. the discharge will result in the loss of greater than 1/10-acre of waters of the United States. (See general condition 32.) (Authorities: Sections 10 and 404)

IEPA Section 401 Water Quality Certification: Issued subject to General and Special Conditions

IDNR Coastal Zone Management Consistency Concurrence: 2021

Activities required for the construction, maintenance, repair, and removal of utility lines for water and other substances, excluding oil, natural gas, and electricity. Oil or natural gas pipeline activities or electric utility line and telecommunications activities may be authorized by NWPs 12 or C, respectively. This NWP also authorizes associated utility line facilities in waters of the United States, provided the activity does not result in the loss of greater than 1/2-acre of waters of the United States for each single and complete project. (see full text)

Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity if:

  1. A section 10 permit is required; or
  2. the discharge will result in the loss of greater than 1/10-acre of waters of the United States. (See general condition 32.) (Authorities: Sections 10 and 404)

IEPA Section 401 Water Quality Certification: Issued subject to General and Special Conditions

IDNR Coastal Zone Management Consistency Concurrence: 2021

Currently Revoked Illinois Nationwide Permits

The following NWPs remain revoked within the Illinois portion of the Chicago District boundary, until the Corps publishes a final rule reissuing those NWPs or March 18, 2022, whichever comes first:

  • NWP 1– Aids to Navigation
  • NWP 3 – Maintenance
  • NWP 7 – Outfall Structures and Associated Intake
  • NWP 10 – Mooring Buoys
  • NWP 11 – Temporary Recreational Structures
  • NWP 13 – Bank Stabilization
  • NWP 14 – Linear Transportation Projects
  • NWP 18 – Minor Discharges
  • NWP 19 – Minor Dredging
  • NWP 20 – Response Operations for Oil or Hazardous
  • NWP 22 – Removal of Vessels
  • NWP 25 – Structural Discharges
  • NWP 26 – Reserved
  • NWP 27– Aquatic Habitat Restoration, Establishment, and Enhancement Activities
  • NWP 31– Maintenance of Existing Flood Control Facilities
  • NWP 32 – Completed Enforcement Actions
  • NWP 33 – Temporary Construction, Access, and Dewatering
  • NWP 36 – Boat Ramps
  • NWP 38 – Cleanup of Hazardous and Toxic Waste
  • NWP 41 – Reshaping Existing Drainage Ditches Substances


Activities covered by these revoked NWPs may be authorized under the District’s Regional Permit Program (RPP) provided that they meet its specific terms and conditions. Click here for more information on the Chicago District’s Regional Permit Program.

NWP Questions? Submit to LREGWEB@usace.army.mil