[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"permit-39":3},{"id":4,"acreageLimit":5,"changesFrom2021":6,"code":7,"commonProjects":8,"effectiveDate":15,"environmentalReview":16,"extension":17,"faq":18,"keyConditions":34,"linearFootLimit":41,"meta":42,"name":46,"pcnTrigger":72,"publicComments":52,"purpose":51,"relatedPermits":73,"seo":74,"shortName":47,"sourceDocumentUrl":70,"statutoryAuthority":48,"stem":75,"whoNeedsThis":53,"__hash__":76},"permits/permits/nwp-39.json",0.5,"The 2026 reissuance of NWP 39 maintains the same national terms, conditions, and acreage limits as the 2021 version. The Corps reevaluated the 1/2-acre limit and the mandatory pre-construction notification requirement, determining that these thresholds effectively ensure that authorized activities result in no more than minimal individual and cumulative adverse environmental effects.\n\nWhile the regulatory requirements remain consistent, the supporting decision document has been updated with the most recent environmental baseline data. This includes results from the 2022 National Lakes Assessment and the 2021 National Wetland Condition Assessment. These updates ensure the Corps' cumulative impact analysis is grounded in the latest available scientific data regarding the health of the Nation's wetlands and open waters.","39",[9,10,11,12,13,14],"Construction of a new retail shopping center and parking lot","Expansion of an existing hospital campus into non-tidal wetlands","Building a new public school with associated sports fields","Construction of a light industrial warehouse and loading docks","Installation of a government office complex with utility infrastructure","Creation of storm water detention ponds for a commercial park","2026-03-15","The Corps determined that reissuing NWP 39 has 'no effect' on federally-listed endangered or threatened species or their critical habitat. This finding relies on General Condition 18, which prohibits any activity that 'might affect' listed resources from proceeding until a project-specific Section 7 consultation is completed. Because every NWP 39 project requires a notification, the district engineer reviews each one for potential impacts to these species.\n\nCompliance with Section 106 of the National Historic Preservation Act is similarly ensured through General Condition 20. The mandatory notification process allows the Corps to evaluate every proposed development for potential effects on historic properties. For Essential Fish Habitat (EFH), district engineers can apply regional conditions or conduct project-specific consultations to ensure that commercial construction does not cause more than minimal adverse effects on sensitive aquatic environments.","json",[19,22,25,28,31],{"q":20,"a":21},"What is the maximum acreage limit for NWP 39?","The maximum impact limit is 1/2-acre of loss of non-tidal waters of the United States for each single and complete project.",{"q":23,"a":24},"Do I always need to submit a PCN for a commercial development?","Yes, a Pre-Construction Notification (PCN) is mandatory for all activities authorized by NWP 39 before work can begin.",{"q":26,"a":27},"Can I use NWP 39 for a project in tidal waters?","No, NWP 39 is strictly limited to discharges into non-tidal waters of the United States.",{"q":29,"a":30},"Does this permit cover the parking lot and utility lines too?","Yes, it authorizes attendant features necessary for the use of the development, including parking lots, roads, and utility lines, provided they fit within the 1/2-acre total limit.",{"q":32,"a":33},"Can I use multiple NWPs to exceed the 1/2-acre limit?","No, when multiple NWPs are used for a single project, the total loss cannot exceed the limit of the permit with the highest specified acreage threshold, which for NWP 39 is 1/2-acre.",[35,36,37,38,39,40],"Total loss of non-tidal waters of the U.S. cannot exceed 1/2-acre","Pre-Construction Notification (PCN) is mandatory for all activities","Does not authorize discharges into non-tidal wetlands adjacent to tidal waters","Must be part of a single and complete project","Permittee must maintain normal downstream flows to the maximum extent practicable","Temporary fills must be removed and the site restored to pre-construction elevations",null,{"path":43,"body":44,"title":71},"/permits/nwp-39",{"id":45,"code":7,"name":46,"shortName":47,"statutoryAuthority":48,"acreageLimit":5,"linearFootLimit":41,"pcnTrigger":49,"effectiveDate":15,"purpose":51,"changesFrom2021":6,"environmentalReview":16,"publicComments":52,"whoNeedsThis":53,"commonProjects":54,"keyConditions":55,"faq":56,"relatedPermits":62,"seo":67,"sourceDocumentUrl":70},"nwp-39","Commercial and Institutional Developments","NWP 39","10/404",{"type":50},"mandatory","Nationwide Permit 39 authorizes the discharge of dredged or fill material into non-tidal waters of the United States for the construction or expansion of commercial and institutional developments. This includes building foundations, pads, and all necessary attendant features required for the operation of the facility. The permit is designed to provide a streamlined authorization process for projects that have minimal impacts on the aquatic environment.\n\nThe scope of authorized attendant features is broad, covering infrastructure such as roads, parking lots, utility lines, storm water management facilities, and even recreational areas like small playing fields associated with the development. It applies to a variety of sectors including retail, light industry, schools, hospitals, and government office complexes, provided the project is located in non-tidal waters and avoids wetlands adjacent to tidal waters.","Public feedback for NWP 39 generally centered on the 1/2-acre acreage limit. Some commenters argued for a lower threshold to better protect headwater streams, while others requested higher limits to accommodate larger essential institutional projects like schools and hospitals. The Corps maintained the 1/2-acre limit, stating it provides a balanced approach that protects aquatic resources while allowing for necessary economic and social development.\n\nOther commenters raised concerns about the impact of increased impervious surfaces, such as parking lots, on local water quality. The Corps responded that General Condition 23 (Stormwater Management) requires permittees to manage stormwater to the maximum extent practicable, and district engineers have the authority to require specific water quality measures as part of the permit authorization.","Real estate developers, civil engineers, municipal planners, and institutional facility managers use this permit. It is the primary regulatory vehicle for projects involving the construction of office buildings, shopping centers, schools, and hospitals that require fill in non-tidal wetlands or streams.",[9,10,11,12,13,14],[35,36,37,38,39,40],[57,58,59,60,61],{"q":20,"a":21},{"q":23,"a":24},{"q":26,"a":27},{"q":29,"a":30},{"q":32,"a":33},[63,64,65,66],"NWP-3","NWP-12","NWP-14","NWP-29",{"title":68,"description":69},"NWP 39: Commercial & Institutional Developments - 2026 Permit Guide","Nationwide Permit 39 (NWP 39) for commercial and institutional fill in wetlands. 1/2-acre limit, mandatory PCN, and Section 404 compliance requirements on Course Clear.","https://cdn.courseclear.io/usace/decision_documents/NWP-39-2026-Final-Decision-Document.pdf","Nwp 39",{"type":50},[63,64,65,66],{"title":68,"description":69},"permits/nwp-39","p4sh2RjDCrY7BQNJKBPYKWHvTNCosapRT98PGANaNjQ"]