Nationwide Permit 33 authorizes temporary structures, work, and discharges of dredged or fill material, such as cofferdams, that are necessary for construction activities, access to project sites, or dewatering of construction areas. This permit is unique because it provides the necessary authorization for the temporary 'logistics' of a project, provided the primary activity itself is already authorized by the Corps or the U.S. Coast Guard. The scope of this permit includes both Section 10 navigable waters and Section 404 discharges. It is designed to facilitate the practical side of aquatic construction, allowing for the placement of temporary fill for equipment access or the creation of dry work environments, as long as the site is restored to its original condition once the primary work is finished.
The 2026 reissuance of NWP 33 maintains the same national terms and conditions as the 2021 version with no substantive modifications. The Corps reevaluated the permit's use and determined that the existing requirement for mandatory pre-construction notification (PCN) for all activities remains a sufficient safeguard to ensure that temporary impacts do not result in more than minimal adverse environmental effects. While the regulatory text is unchanged, the supporting decision document was updated to include current environmental baseline data. This update utilizes the most recent national-scale assessments, such as the 2022 National Lakes Assessment and the 2021 National Wetland Condition Assessment, to support the Corps' finding that the cumulative effects of these temporary activities remain minimal nationwide.
Compliance managers, general contractors, and civil engineers overseeing aquatic infrastructure projects need this permit. It is the go-to authorization for anyone needing to build a cofferdam, a temporary work bridge, or an access pad to complete a larger permitted project in or near the water.
The Corps determined that the reissuance of NWP 33 has 'no effect' on federally-listed endangered or threatened species or their critical habitat. This finding is anchored by General Condition 18, which requires project-specific Section 7 consultation if a temporary activity 'might affect' listed resources; authorization is only granted once this process is complete. Compliance with Section 106 of the National Historic Preservation Act is ensured through General Condition 20. Because every project under NWP 33 requires a PCN, district engineers are able to review each temporary layout for potential impacts to historic properties. For Essential Fish Habitat (EFH), district engineers can apply regional conditions to ensure that temporary dewatering or access fills do not disrupt sensitive aquatic life cycles.
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