Nationwide Permit 17 authorizes discharges of dredged or fill material into waters of the United States and structures or work in navigable waters associated with hydropower projects. The permit is limited to projects that are either small hydropower projects at existing reservoirs that have been exempt from licensing by the Federal Energy Regulatory Commission (FERC) under the Public Utility Regulatory Policies Act of 1978, or hydropower projects licensed by FERC as required by the Federal Power Act of 1920. The scope of this permit includes both the physical structures in navigable waters and the discharge of fill material required for construction. However, a significant limitation is that the activity, including any associated facilities, must not cause the loss of greater than 1/2-acre of waters of the United States.
The 2026 reissuance of NWP 17 did not include any substantive changes to its terms or conditions compared to the 2021 version. The Corps reevaluated the permit's individual and cumulative effects and determined that the existing qualitative and quantitative limits, such as the 1/2-acre impact limit and mandatory pre-construction notification, remain sufficient to ensure that authorized activities result in no more than minimal adverse environmental impacts. While the permit text remains unchanged, the supporting decision document was updated with current environmental baseline data. This includes information from the most recent national-scale assessments, such as the 2022 National Lakes Assessment and the 2021 National Wetland Condition Assessment, to ensure the cumulative impact analysis reflects the current ecological status of the Nation's waters.
Energy developers and utility providers typically use this permit for small-scale hydropower installations at existing reservoirs or licensed facilities. It is essential for compliance managers overseeing projects that fall under FERC licensing or PURPA exemptions and require Department of the Army authorization for waterbody impacts.
The Corps determined that the reissuance of NWP 17 has 'no effect' on federally-listed endangered or threatened species or their critical habitat. This is achieved through General Condition 18, which ensures that no activity 'may affect' listed resources unless a project-specific ESA Section 7 consultation is completed. Similarly, Essential Fish Habitat (EFH) requirements are satisfied via case-by-case or programmatic consultations conducted by district engineers during the mandatory notification review process. Compliance with Section 106 of the National Historic Preservation Act is managed through General Condition 20. Hydropower projects involve a mandatory PCN, giving the district engineer the opportunity to review every proposal for potential effects on historic properties. If such potential exists, the activity is not authorized until the Section 106 process is finished.
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