Nationwide Permit 42 authorizes the discharge of dredged or fill material into non-tidal waters of the United States for the construction or expansion of recreational facilities. This permit covers a wide range of outdoor facilities including playing fields, courts, hiking trails, bike paths, golf courses, ski areas, and campgrounds. It also includes small support facilities such as maintenance sheds, locker rooms, and stables that are directly related to the recreational use of the land. The scope is strictly limited to non-tidal waters and specifically excludes the construction of hotels, restaurants, or large-scale amusement parks. Additionally, it does not authorize the construction of recreational vehicle (RV) parks. The permit is intended to facilitate public and private recreational development while ensuring that the infrastructure integrated into the natural landscape has minimal impact on aquatic resources.
The 2026 reissuance of NWP 42 maintains the 1/2-acre acreage limit and the mandatory pre-construction notification requirement established in the 2021 version. The Corps determined that these existing thresholds, combined with the discretionary authority of district engineers, continue to ensure that authorized activities result in no more than minimal individual and cumulative adverse environmental effects. While the permit terms remain unchanged, the supporting decision document was updated to incorporate the latest environmental baseline data. This includes information from the 2022 National Lakes Assessment and the 2021 National Wetland Condition Assessment, ensuring that the cumulative impact analysis for recreational development is based on the most current ecological science available.
Municipal park departments, private developers, golf course architects, and non-profit trail organizations typically use this permit. It is the primary authorization for any recreational project that requires minor filling of non-tidal wetlands or streams to create trails, fields, or support buildings.
The Corps determined that the reissuance of NWP 42 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 finished. Compliance with Section 106 of the National Historic Preservation Act is ensured through General Condition 20. Because every project under NWP 42 requires a Pre-Construction Notification, district engineers are able to review each proposal for potential impacts to historic properties. For Essential Fish Habitat (EFH), district engineers apply regional or case-specific conditions to ensure that recreational construction does not cause more than minimal adverse effects on sensitive aquatic environments.
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