[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"permit-41":3},{"id":4,"acreageLimit":5,"changesFrom2021":6,"code":7,"commonProjects":8,"effectiveDate":14,"environmentalReview":15,"extension":16,"faq":17,"keyConditions":33,"linearFootLimit":5,"meta":40,"name":44,"pcnTrigger":5,"publicComments":48,"purpose":47,"relatedPermits":68,"seo":69,"shortName":45,"sourceDocumentUrl":66,"statutoryAuthority":46,"stem":70,"whoNeedsThis":49,"__hash__":71},"permits/permits/nwp-41.json",null,"The 2026 reissuance of NWP 41 includes no substantive changes to the permit's terms or conditions compared to the 2021 version. The Corps reevaluated the permit's individual and cumulative effects and determined that the existing qualitative limits—which prohibit increasing ditch capacity or draining new areas—remain sufficient to ensure that authorized activities result in no more than minimal adverse environmental effects.\n\nWhile the regulatory text remains consistent, the supporting decision document has been updated with the most recent 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 process is grounded in the most current available scientific data.","41",[9,10,11,12,13],"Regrading steep ditch side slopes to a flatter 3:1 ratio to reduce erosion","Reshaping an irrigation ditch to encourage nutrient-absorbing plant growth","Cross-sectional modification of a farm drainage ditch for better stability","Regrading a currently serviceable roadside ditch to improve water filtration","Maintenance work to stabilize ditch banks using gentler slope profiles","2026-03-15","The Corps determined that the reissuance of NWP 41 results in a 'no effect' finding for federally-listed endangered or threatened species and designated critical habitat. This finding is supported by 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 managed through General Condition 20. If a proposed ditch reshaping project has the potential to affect historic properties, a pre-construction notification is required, and the district engineer must complete the NHPA review process before work can begin. Essential Fish Habitat (EFH) is protected through regional and case-specific conditions that ensure water quality improvements do not inadvertently harm sensitive aquatic areas.","json",[18,21,24,27,30],{"q":19,"a":20},"Do I need to submit a PCN for reshaping a farm ditch under NWP 41?","No, the national terms of NWP 41 do not require a Pre-Construction Notification. However, you must check for regional conditions or triggers related to endangered species or historic properties that might require one.",{"q":22,"a":23},"Can I use NWP 41 to make my drainage ditch wider to hold more water?","No. The permit specifically prohibits increasing the original design capacity of the ditch or draining any new areas. It is only for changing the slope/shape for water quality benefits.",{"q":25,"a":26},"Can I relocate a ditch to a new position using this permit?","No, NWP 41 does not authorize the relocation of ditches. It only covers the reshaping of ditches in their existing location.",{"q":28,"a":29},"Where should I put the material excavated during the reshaping?","Dredged material must be deposited in an upland area unless the district engineer specifically authorizes its placement in waters of the U.S. under a separate permit.",{"q":31,"a":32},"Does this permit apply to ditches in tidal wetlands?","No, NWP 41 is strictly for non-tidal waters and specifically excludes non-tidal wetlands that are adjacent to tidal waters.",[34,35,36,37,38,39],"Ditch must be currently serviceable","Reshaping must not increase the original design capacity of the ditch","Activity must not expand the area drained by the ditch","Relocation of the ditch is not authorized under this permit","Does not authorize activities in tidal waters or adjacent non-tidal wetlands","Excavated material must be deposited in an upland area or properly contained",{"path":41,"body":42,"title":67},"/permits/nwp-41",{"id":43,"code":7,"name":44,"shortName":45,"statutoryAuthority":46,"acreageLimit":5,"linearFootLimit":5,"pcnTrigger":5,"effectiveDate":14,"purpose":47,"changesFrom2021":6,"environmentalReview":15,"publicComments":48,"whoNeedsThis":49,"commonProjects":50,"keyConditions":51,"faq":52,"relatedPermits":58,"seo":63,"sourceDocumentUrl":66},"nwp-41","Reshaping Existing Drainage and Irrigation Ditches","NWP 41","404","Nationwide Permit 41 authorizes the discharge of dredged or fill material into non-tidal waters of the United States for the purpose of reshaping existing, currently serviceable drainage and irrigation ditches. The primary goal of these activities is to improve water quality by regrading ditch side slopes to be gentler, which reduces erosion, encourages the growth of stabilizing vegetation, and increases the biological uptake of nutrients and other substances.\n\nThe scope of this permit is restricted to the modification of the cross-sectional configuration of ditches. It does not authorize the drainage of new areas, the expansion of the ditch's original design capacity, or the relocation of the ditch itself. The permit is specifically designed for environmental improvement rather than the creation of new drainage infrastructure.","Public feedback for NWP 41 generally supported the permit's objective of improving water quality through better ditch design. Some commenters suggested that a mandatory PCN should be required for all projects to ensure they do not accidentally drain adjacent wetlands. The Corps responded that the permit's existing terms explicitly prohibit draining new areas or increasing capacity, and that district engineers already have the authority to require individual permits if they suspect more than minimal impacts.\n\nOther commenters requested clarification on the definition of 'currently serviceable.' The Corps clarified that this refers to ditches that are still functioning as designed or can be restored to function without major new construction. The Corps maintained that the narrow scope of this NWP effectively balances agricultural and water management needs with the statutory requirement to protect the aquatic environment.","Agricultural land managers, irrigation district supervisors, and municipal public works departments use this permit. It is the primary tool for those seeking to implement Best Management Practices (BMPs) for water quality by grading steep, eroding ditch banks into stable, vegetated slopes.",[9,10,11,12,13],[34,35,36,37,38,39],[53,54,55,56,57],{"q":19,"a":20},{"q":22,"a":23},{"q":25,"a":26},{"q":28,"a":29},{"q":31,"a":32},[59,60,61,62],"NWP-3","NWP-13","NWP-27","NWP-40",{"title":64,"description":65},"NWP 41: Reshaping Existing Drainage Ditches - 2026 Permit Guide","Nationwide Permit 41 (NWP 41) for reshaping drainage ditches to improve water quality. No channel relocation, Section 404 authority, and PCN triggers on Course Clear.","https://cdn.courseclear.io/usace/decision_documents/NWP-41-2026-Final-Decision-Document.pdf","Nwp 41",[59,60,61,62],{"title":64,"description":65},"permits/nwp-41","mVEdNl2UcOEHxHVgZOhKfngQK5sqk-7OmLsDVyxyUEA"]