[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"permit-37":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":71,"publicComments":51,"purpose":50,"relatedPermits":72,"seo":73,"shortName":46,"sourceDocumentUrl":69,"statutoryAuthority":47,"stem":74,"whoNeedsThis":52,"__hash__":75},"permits/permits/nwp-37.json",null,"The 2026 reissuance of NWP 37 maintains the same national terms and conditions as the 2021 version with no substantive changes. 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 emergency impacts result in no more than minimal individual and cumulative adverse environmental effects.\n\nWhile the permit text remains identical, the supporting decision document was updated with current environmental baseline data. This update incorporates 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 emergency protection activities remain minimal nationwide.","37",[9,10,11,12,13,14],"NRCS-funded emergency bank stabilization to protect a failing road after a flood","U.S. Forest Service post-fire mulching and sediment basin construction","Removal of debris and sediment blocking a stream channel following a landslide","Emergency reclamation of abandoned mine lands to prevent toxic runoff after heavy rains","Installation of temporary water diversion structures to allow for emergency culvert repair","Construction of temporary berms to protect a community from imminent flooding","2026-03-15","The Corps determined that the reissuance of NWP 37 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 an activity 'might affect' listed resources. Even in emergency situations, the Corps must ensure compliance with the Endangered Species Act, though procedures for emergency consultation may be utilized.\n\nCompliance with Section 106 of the National Historic Preservation Act is ensured through General Condition 20. Because every project under NWP 37 requires a PCN, district engineers are able to review each emergency layout for potential impacts to historic properties. For Essential Fish Habitat (EFH), district engineers can apply regional conditions or conduct emergency consultations to ensure that rapid rehabilitation work does not cause more than minimal adverse effects on sensitive aquatic environments.","json",[19,22,25,28,31],{"q":20,"a":21},"Do I need to submit a PCN for emergency work under NWP 37?","Yes, a Pre-Construction Notification (PCN) is mandatory for all activities authorized by NWP 37. However, the district engineer has the authority to proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property.",{"q":23,"a":24},"Can a private landowner use NWP 37 for their own emergency repair?","No, NWP 37 is specifically for work done by or funded by the NRCS, USFS, DOI, or OSM under their respective emergency programs.",{"q":26,"a":27},"Is there a limit on how much fill can be placed in an emergency?","There is no national numeric acreage limit, but the work must be the minimum necessary to address the emergency. The district engineer will evaluate the scale during the PCN review.",{"q":29,"a":30},"What happens if the emergency work needs to stay in place permanently?","If the structures or fill are intended to be permanent, the district engineer will determine if they result in minimal impacts. If the impacts are more than minimal, compensatory mitigation may be required.",{"q":32,"a":33},"Does this permit cover wildfire rehabilitation?","Yes, it specifically authorizes work done under the U.S. Forest Service Burned-Area Emergency Rehabilitation (BAER) Handbook or DOI wildland fire management programs.",[35,36,37,38,39,40],"Work must be done by or funded by NRCS, USFS, DOI, or OSM","Pre-Construction Notification (PCN) is mandatory for all activities","Activity must be for a situation requiring immediate action to protect life or property","The district engineer can waive the PCN requirement in life-threatening emergencies","Must use appropriate measures to maintain near-normal downstream flows","Temporary fills must be removed and the site restored to pre-construction elevations",{"path":42,"body":43,"title":70},"/permits/nwp-37",{"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":66,"sourceDocumentUrl":69},"nwp-37","Emergency Watershed Protection and Rehabilitation","NWP 37","10/404",{"type":49},"mandatory","Nationwide Permit 37 authorizes work done by or funded by specific federal agencies to address emergency situations requiring immediate watershed protection and rehabilitation. This includes actions to reduce hazards to life and property following natural disasters such as floods, wildfires, or other events that cause sudden watershed impairment. The permit covers both the construction of structures in navigable waters and the discharge of dredged or fill material into waters of the United States.\n\nThe permit is restricted to activities coordinated through established federal programs, specifically those managed by the Natural Resources Conservation Service (NRCS), the U.S. Forest Service (USFS), the Department of the Interior (DOI), and the Office of Surface Mining (OSM). Because these projects are emergency-driven, the permit allows for a streamlined notification process to ensure that protective measures can be implemented before further damage occurs to the watershed or human infrastructure.","Public feedback for NWP 37 generally supported the permit's role in facilitating rapid response to natural disasters. Some commenters suggested that the permit should have clearer definitions of 'emergency' to prevent its use for non-urgent projects. The Corps responded that the permit is already limited to work conducted or funded by specific federal emergency programs, which have their own internal criteria for defining qualifying emergency situations.\n\nOther comments focused on the potential for emergency work to become permanent without sufficient environmental review. The Corps noted that the mandatory PCN allows district engineers to evaluate whether the proposed work is the minimum necessary to address the emergency and to require individual permits or mitigation if the long-term impacts are expected to be more than minimal.","Compliance managers and engineers working for or with the NRCS, U.S. Forest Service, or state agencies managing abandoned mine lands (AML) typically use this permit. It is the primary authorization for implementing immediate erosion control, debris removal, and bank stabilization following floods or wildfires.",[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},[62,63,64,65],"NWP-3","NWP-13","NWP-27","NWP-33",{"title":67,"description":68},"NWP 37: Emergency Watershed Protection - 2026 Permit Guide","Nationwide Permit 37 (NWP 37) for NRCS and Forest Service emergency watershed rehabilitation. Post-disaster restoration, mandatory PCN, and Section 10/404 on Course Clear.","https://cdn.courseclear.io/usace/decision_documents/NWP-37-2026-Final-Decision-Document.pdf","Nwp 37",{"type":49},[62,63,64,65],{"title":67,"description":68},"permits/nwp-37","E9eeoS5Z-rXNmqxsrN4A5_LNFI52-D8V683BS9qeYFc"]