[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"permit-40":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-40.json",0.5,"The 2026 reissuance of NWP 40 maintains the same national terms and conditions as the 2021 version, with no substantive modifications to the authorized activities or acreage limits. The Corps reevaluated the permit's individual and cumulative impacts and determined that the 1/2-acre limit and mandatory pre-construction notification remain sufficient to ensure that authorized agricultural work results in no more than minimal adverse environmental effects.\n\nWhile the regulatory text remains unchanged, 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, providing an updated scientific foundation for the Corps' determination that the cumulative impacts of these activities across the country remain minimal.","40",[9,10,11,12,13,14],"Construction of a building pad for a new hay barn or equipment shed","Installation of a subsurface drainage tile system in a farm field","Relocation of an existing serviceable drainage ditch to improve field layout","Construction of a new farm pond for livestock watering","Mechanized land clearing and leveling for crop production","Placement of fill for a small levee to protect agricultural fields from minor flooding","2026-03-15","The Corps determined that the reissuance of NWP 40 results in a 'no effect' finding for federally-listed endangered or threatened species and designated critical habitat. This determination is rooted in General Condition 18, which requires project-specific ESA Section 7 consultation if an activity '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 ensured via General Condition 20. Because NWP 40 requires a mandatory Pre-Construction Notification for all activities, district engineers are able to review every proposal for potential impacts to historic properties. For Essential Fish Habitat (EFH), district engineers can apply regional or project-specific conditions to minimize impacts on sensitive aquatic environments during agricultural expansion or maintenance.","json",[19,22,25,28,31],{"q":20,"a":21},"Do I need to submit a PCN for all activities under NWP 40?","Yes, a Pre-Construction Notification (PCN) is mandatory for all activities authorized by NWP 40 before you can begin work.",{"q":23,"a":24},"What is the maximum acreage limit for NWP 40?","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":26,"a":27},"Can I use NWP 40 to build a new house on my farm?","No, NWP 40 specifically does not authorize the construction of farm residences; those would typically be covered under NWP 29.",{"q":29,"a":30},"Does this permit allow me to drain a wetland to plant corn?","It authorizes specific drainage activities (like tiles or ditches), but total losses must stay under 1/2-acre and must be verified by the Corps as having minimal environmental impact.",{"q":32,"a":33},"Can I use NWP 40 in tidal waters?","No, NWP 40 is strictly limited to discharges of dredged or fill material into non-tidal waters of the United States.",[35,36,37,38,39,40],"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","Does not authorize the construction of farm residences","Compensatory mitigation may be required for losses exceeding 1/10-acre","Temporary fills must be removed and the site restored to pre-construction elevations",null,{"path":43,"body":44,"title":71},"/permits/nwp-40",{"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-40","Agricultural Activities","NWP 40","404",{"type":50},"mandatory","Nationwide Permit 40 authorizes discharges of dredged or fill material into non-tidal waters of the United States for various agricultural activities. This includes the construction of building pads for farm buildings, as well as the installation and placement of drainage tiles, ditches, or levees. It also covers mechanized land clearing, land leveling, and the relocation of existing serviceable drainage ditches that were previously constructed in jurisdictional waters.\n\nThe permit also extends to the construction of farm ponds in non-tidal waters, provided they do not involve the discharge of fill into non-tidal wetlands adjacent to tidal waters. The scope is specifically limited to activities that support the production of crops, berries, or livestock, ensuring that agricultural operations can maintain or improve their productivity while adhering to federal environmental standards.","Public feedback for NWP 40 centered on balancing agricultural efficiency with wetland protection. Some commenters suggested that the 1/2-acre limit should be higher for large-scale ranching, while others argued it should be lower to protect headwater streams. The Corps responded that the 1/2-acre limit, coupled with mandatory notification, effectively balances these interests by allowing for site-specific review of larger impacts.\n\nOther commenters expressed concern regarding the drainage of wetlands for crop production. The Corps clarified that NWP 40 does not authorize the conversion of wetlands for non-agricultural uses and that the 'minimal impact' requirement, along with the potential for required compensatory mitigation, ensures that the overall function of the aquatic ecosystem is maintained within the watershed.","Farmers, ranchers, and agricultural land managers typically use this permit for infrastructure and land improvements. It is essential for operations needing to build barns on fill, install subsurface drainage tiles, or relocate existing drainage ditches in areas with jurisdictional 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-27","NWP-29","NWP-34",{"title":68,"description":69},"NWP 40: Agricultural Activities - 2026 Permit Guide","Nationwide Permit 40 (NWP 40) for farm buildings and agricultural drainage. 1/2-acre limit, mandatory PCN, Section 404 compliance, and exemption boundaries on Course Clear.","https://cdn.courseclear.io/usace/decision_documents/NWP-40-2026-Final-Decision-Document.pdf","Nwp 40",{"type":50},[63,64,65,66],{"title":68,"description":69},"permits/nwp-40","oZt1E0gnyeMw7YTu0QWbGFrVEx6REh3KFkolcTflFP4"]