New changes to the U.S. Army Corps of Engineers (USACE) nationwide permits are set to take effect this month and Peloton Land Solutions can help you determine the effect on your existing and future land development projects. USACE is responsible for protecting many of the nation’s aquatic environments including oceans, rivers, lakes, streams, ponds, and wetlands, which are collectively referred to as waters of the U.S. Development in, over, or under these areas may require a permit from the Corps.
USACE recently announced revised and renewed nationwide permits (NWPs) necessary for work in waters of the U.S. (under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899). Reissued every 5 years, the new 2017 NWPs take effect this month replacing the existing 2012 permits. These permits provide expedited review of projects that have minimal impact on the aquatic environment. Categories of activities that may be covered under these NWPs include linear transportation projects, bank stabilization activities, residential development, commercial and industrial developments, and maintenance activities.
For projects authorized under the 2012 NWPs that have commenced or are under contract to commence by March 18, 2017, the applicant will have one year (i.e., until March 18, 2018) to complete those activities. Projects previously authorized by the 2012 NWPs that have not commenced or are not under contract to commence by March 18, 2017, will require reauthorization under the new 2017 NWPs.
If you have questions about how the new NWPs could affect your existing or proposed projects, our environmental team can assist. Please contact Chris Hamilton, CWB at 817-562-3350. Chris is an associate principal and environmental manager at Peloton Land Solutions where he oversees an experienced team of biologists providing environmental and regulatory compliance services. On a regular basis, Chris and his team work with land owners and developers to evaluate their properties for development potential based on known environmental constraints, and guide them and their projects through today’s complicated regulatory atmosphere.