[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"permit-43":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-43.json",0.5,"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.\n\nWhile 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.","43",[9,10,11,12,13,14],"Construction of a new dry detention basin for a residential subdivision","Installation of a concrete outfall structure and emergency spillway","Maintenance dredging of an existing retention pond to restore design capacity","Creation of a nature-based bioswale to filter parking lot runoff","Construction of a water control structure for a commercial drainage system","Building an emergency overflow channel for a municipal stormwater network","2026-03-15","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.\n\nCompliance 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.","json",[19,22,25,28,31],{"q":20,"a":21},"Do I need to submit a PCN for a new stormwater basin under NWP 43?","Yes, a Pre-Construction Notification (PCN) is mandatory for all construction and maintenance activities authorized by NWP 43.",{"q":23,"a":24},"What is the maximum acreage limit for NWP 43?","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 43 to build a pond in a perennial stream?","No, the permit specifically does not authorize the construction of new stormwater management facilities in perennial streams.",{"q":29,"a":30},"Does this permit cover dredging out an old, filled-in basin?","Yes, it authorizes maintenance, but only to the extent necessary to restore the facility to its original authorized design capacity.",{"q":32,"a":33},"Can I use NWP 43 for a project near tidal wetlands?","NWP 43 is restricted to non-tidal waters and specifically excludes non-tidal wetlands that are adjacent to tidal waters.",[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","Maintenance is limited to restoring the facility to its original design capacity","Does not authorize discharges into non-tidal wetlands adjacent to tidal waters","Must notAuthorize the construction of new stormwater facilities in perennial streams","Temporary fills must be removed and the site restored to pre-construction elevations",null,{"path":43,"body":44,"title":71},"/permits/nwp-43",{"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-43","Stormwater Management Facilities","NWP 43","10/404",{"type":50},"mandatory","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.\n\nThe 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.","During the public comment period, some commenters suggested that the 1/2-acre limit should be reduced to better protect headwater streams from the impacts of urbanization. Others supported the existing limit, noting that stormwater facilities are often required by local or state regulations to mitigate the impacts of development. The Corps maintained the 1/2-acre limit, stating it provides a balanced approach for managing water quality and quantity while meeting statutory requirements.\n\nOther feedback focused on the use of nature-based solutions, with commenters encouraging the Corps to provide more flexibility for green infrastructure. The Corps responded by highlighting that NWP 43 already authorizes nature-based solutions and emphasized that these projects are evaluated during the PCN process to ensure they achieve their intended environmental benefits without causing significant loss of aquatic resources.","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.",[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-7","NWP-29","NWP-39",{"title":68,"description":69},"NWP 43: Stormwater Management Facilities - 2026 Permit Guide","Nationwide Permit 43 (NWP 43) for stormwater management and detention basins. 1/2-acre limit, nature-based solutions, mandatory PCN, and Section 404 rules on Course Clear.","https://cdn.courseclear.io/usace/decision_documents/NWP-43-2026-Final-Decision-Document.pdf","Nwp 43",{"type":50},[63,64,65,66],{"title":68,"description":69},"permits/nwp-43","TilgPpCE69OQ6EB-nxmwbmKqHuvQFCdYbAzgH7y7dzQ"]