Nationwide Permit 43 authorizes discharges of dredged or fill material into non-tidal waters of the United States for the construction of stormwater management facilities. This includes the development of detention and retention basins, water control structures, outfall structures, and emergency spillways. The permit also covers the construction of nature-based solutions designed to manage stormwater runoff and reduce the input of sediments and pollutants into jurisdictional waters. The scope of this permit extends to the maintenance of existing stormwater management facilities, provided the maintenance is limited to restoring the facility to its original design capacity. It is intended to support essential infrastructure that protects water quality and manages flood risks in various land-use settings, including residential, commercial, and industrial developments, as long as the activities occur in non-tidal waters.
The 2026 reissuance of NWP 43 maintains the core terms and the 1/2-acre acreage limit established in the 2021 version. A notable point of continuity is the mandatory pre-construction notification requirement for all activities, which ensures that district engineers can perform a case-specific review to confirm that the proposed stormwater infrastructure will result in no more than minimal environmental impacts. While the regulatory text remains consistent, the supporting decision document has been updated with the latest environmental baseline data. This includes information from the 2022 National Lakes Assessment and the 2021 National Wetland Condition Assessment. These updates provide a current ecological context for the Corps' determination that the cumulative effects of stormwater management activities remain minimal nationwide.
Compliance managers, civil engineers, and municipal developers use this permit to install or maintain the drainage infrastructure required for modern land development. It is the primary authorization for creating the basins and outfalls needed to manage runoff from impervious surfaces like roads and rooftops.
The Corps determined that the reissuance of NWP 43 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 for any activity that 'might affect' listed resources; no activity is authorized until that process is complete. Compliance with Section 106 of the National Historic Preservation Act is ensured through General Condition 20. Because every project under NWP 43 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 stormwater facility construction does not cause more than minimal adverse effects on sensitive aquatic environments.
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