[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"permit-23":3},{"id":4,"acreageLimit":5,"changesFrom2021":6,"code":7,"commonProjects":8,"effectiveDate":15,"environmentalReview":16,"extension":17,"faq":18,"keyConditions":34,"linearFootLimit":5,"meta":41,"name":45,"pcnTrigger":70,"publicComments":51,"purpose":50,"relatedPermits":71,"seo":72,"shortName":46,"sourceDocumentUrl":68,"statutoryAuthority":47,"stem":73,"whoNeedsThis":52,"__hash__":74},"permits/permits/nwp-23.json",null,"The 2026 reissuance of NWP 23 includes no substantive changes to the terms or conditions from the 2021 version. The Corps reevaluated the permit's individual and cumulative effects and determined that the existing qualitative and quantitative limits remain sufficient to ensure that authorized activities result in no more than minimal adverse environmental impacts.\n\nWhile the permit text remains unchanged, the supporting decision document was updated with the most recent environmental baseline data. This includes results from newer national assessments such as the 2022 National Lakes Assessment and the 2021 National Wetland Condition Assessment, ensuring that the environmental review remains current.","23",[9,10,11,12,13,14],"Federally funded road repairs categorically excluded by FHWA","Emergency wetland restoration projects funded by the NRCS","Minor facility maintenance at National Parks or Forest Service lands","Federally assisted bridge modifications involving minor fill","Reclamation projects authorized by a Federal land management agency","Small scale navigation improvements conducted by a Federal department","2026-03-15","The Corps determined that the reissuance of NWP 23 results in \"no effect\" on federally-listed endangered or threatened species or their critical habitat. This is because general condition 18 requires project-specific ESA Section 7 consultation for any activity that \"might affect\" listed resources; no activity is authorized until that process is complete.\n\nCompliance with Section 106 of the National Historic Preservation Act is managed through general condition 20, which triggers mandatory Pre-Construction Notification (PCN) if an activity has the potential to affect historic properties. For Essential Fish Habitat (EFH), district engineers can apply regional or project-specific conditions to ensure authorized activities do not cause more than minimal individual or cumulative adverse effects.","json",[19,22,25,28,31],{"q":20,"a":21},"Do I need to submit a PCN for NWP 23?","Yes. A Pre-Construction Notification (PCN) is mandatory for all activities authorized by NWP 23 before work can begin.",{"q":23,"a":24},"What is the acreage limit for NWP 23 projects?","NWP 23 does not have a set national acreage limit. Instead, it relies on the Corps' review of the specific agency CE and the mandatory PCN process to ensure impacts are minimal.",{"q":26,"a":27},"Can any Federal categorical exclusion be used with NWP 23?","No. Only those categorical exclusions that have been specifically reviewed and approved by the Corps' Office of the Chief of Engineers are valid for use with this permit.",{"q":29,"a":30},"Does NWP 23 authorize permanent structures?","Yes, provided the structures are part of an approved categorical exclusion and the resulting environmental impacts are determined to be no more than minimal.",{"q":32,"a":33},"Who determines if an activity qualifies for NWP 23?","The lead Federal agency determines if the project is categorically excluded, but the Corps district engineer must verify that the project meets all NWP 23 terms and general conditions.",[35,36,37,38,39,40],"The activity must be a NEPA Categorical Exclusion approved by the Corps.","Pre-Construction Notification (PCN) is mandatory for all activities.","Uses must not differ from those specified in the lead agency's CE determination.","Must not cause more than minimal individual or cumulative adverse effects.","Temporary fills must be removed and the site restored to pre-construction elevations.","The activity must comply with all applicable NWP general conditions.",{"path":42,"body":43,"title":69},"/permits/nwp-23",{"id":44,"code":7,"name":45,"shortName":46,"statutoryAuthority":47,"acreageLimit":5,"linearFootLimit":5,"pcnTrigger":48,"effectiveDate":15,"purpose":50,"changesFrom2021":6,"environmentalReview":16,"publicComments":51,"whoNeedsThis":52,"commonProjects":53,"keyConditions":54,"faq":55,"relatedPermits":61,"seo":65,"sourceDocumentUrl":68},"nwp-23","Approved Categorical Exclusions","NWP 23","10/404",{"type":49},"mandatory","Nationwide Permit 23 authorizes activities undertaken, assisted, authorized, regulated, funded, or financed, in whole or in part, by another Federal agency or department where that agency has determined the activity is a \"categorical exclusion\" under the National Environmental Policy Act (NEPA). To qualify, the Office of the Chief of Engineers must concur that the specific categorical exclusion (CE) results in no more than minimal individual and cumulative adverse environmental effects.\n\nThe scope of this permit covers both Section 10 navigable waters and Section 404 discharges of dredged or fill material. It is designed to reduce regulatory duplication by allowing the Corps to leverage environmental reviews already conducted by other Federal agencies while ensuring that the authorized activities meet the statutory requirements of the Clean Water Act.","During the public comment period, some commenters suggested that the permit should have specific acreage or linear foot limits to prevent agencies from using it for larger projects. The Corps responded that the permit is already limited to those activities determined by Corps Headquarters to have minimal impacts and that district engineers retain discretionary authority to require individual permits if necessary.\n\nOther commenters requested a list of currently approved categorical exclusions. The Corps clarified that approved CEs are maintained at Corps district offices and that agencies must follow the established procedure for having their CEs reviewed and approved by the Office of the Chief of Engineers for use with this NWP.","Federal agencies or departments, and project proponents receiving Federal funding or authorizations, use this permit for activities that are already categorically excluded under the lead agency's NEPA procedures. It is commonly used for infrastructure projects funded by agencies such as the Federal Highway Administration or the Natural Resources Conservation Service.",[9,10,11,12,13,14],[35,36,37,38,39,40],[56,57,58,59,60],{"q":20,"a":21},{"q":23,"a":24},{"q":26,"a":27},{"q":29,"a":30},{"q":32,"a":33},[62,63,64],"NWP-3","NWP-14","NWP-27",{"title":66,"description":67},"NWP 23: Approved Categorical Exclusions - 2026 Permit Guide","Nationwide Permit 23 (NWP 23) for activities with approved categorical exclusions. Federal agency CE approval, mandatory PCN, and Section 10/404 rules on Course Clear.","https://cdn.courseclear.io/usace/decision_documents/NWP-23-2026-Final-Decision-Document.pdf","Nwp 23",{"type":49},[62,63,64],{"title":66,"description":67},"permits/nwp-23","WVJ76QQyUqBPNuynRXYguVwC8Rel9vqXSvf9ThzbTGU"]