Nationwide Permit 35 authorizes the removal of accumulated sediment for the maintenance of existing marina basins, boat slips, and access channels. The permit is designed to restore these areas to previously authorized depths or to controlling depths required for safe vessel ingress and egress, whichever is less. The scope of this permit is restricted to Section 10 navigable waters and focuses on maintaining existing maritime infrastructure. It does not authorize the expansion of basins or the creation of new channels. A critical requirement is that all dredged material must be deposited in an upland area or a location with no waters of the United States, unless a separate specific authorization is obtained from the district engineer.
The 2026 reissuance of NWP 35 includes no substantive changes to the permit's terms and 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 remain sufficient to ensure that authorized maintenance dredging results in no more than minimal individual and cumulative adverse environmental effects. While the permit text remains identical, the supporting decision document has been updated with current 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 the environmental review is based on the most recent available ecological data.
Marina operators, yacht clubs, and public port authorities typically use this permit to maintain navigable depths in their facilities. It is essential for compliance managers overseeing recurring sediment removal projects in previously authorized basins and boat slips.
The Corps determined that the reissuance of NWP 35 has "no effect" on federally-listed endangered or threatened species or their critical habitat. This finding is supported by General Condition 18, which requires project-specific ESA Section 7 consultation for any activity that "might affect" listed resources; no activity is authorized until that process is complete. Compliance with Section 106 of the National Historic Preservation Act is ensured through General Condition 20, which triggers a pre-construction notification if an activity has the potential to affect historic properties. For Essential Fish Habitat (EFH), district engineers can apply regional or activity-specific conditions to ensure that sediment removal does not cause more than minimal adverse effects to sensitive aquatic environments.
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