Nationwide Permit 45 authorizes discharges of dredged or fill material and site excavation into all waters of the United States to restore upland areas that have been damaged or lost due to discrete events like storms, floods, or landslides. The permit allows for the restoration of the upland to its original pre-event contours and specifically authorizes associated bank stabilization to protect the newly restored land. The scope is limited to restoring the footprint that existed prior to the damage. It does not allow for the expansion of the upland area beyond what was previously there, nor does it authorize the reclamation of lands lost to gradual, long-term erosion. Restoration must commence, or be under contract to commence, within two years of the date of the damage, unless this deadline is waived by the district engineer due to funding or other extenuating circumstances.
The 2026 reissuance of NWP 45 contains no substantive changes to the permit's national terms or conditions compared to the 2021 version. The Corps reevaluated the permit's performance and determined that the existing qualitative limits and mandatory pre-construction notification (PCN) continue to ensure that authorized restoration activities result in no more than minimal individual and cumulative adverse environmental effects. Updates were made to the supporting decision document to include the most recent environmental baseline data. This includes information from the 2022 National Lakes Assessment and the 2021 National Wetland Condition Assessment, ensuring that the Corps' cumulative impact analysis is based on the most current scientific data regarding the health of jurisdictional waters.
Property owners, municipal governments, and land managers who have lost dry land due to sudden natural disasters use this permit. It is the primary tool for restoring residential or commercial yards, parks, and infrastructure that have been washed away by floodwaters or buried by landslides.
The Corps determined that the reissuance of NWP 45 results in a 'no effect' finding for federally-listed endangered or threatened species and designated critical habitat. This is maintained through 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 finished. Compliance with Section 106 of the National Historic Preservation Act is ensured via General Condition 20. Because every project under NWP 45 requires a Pre-Construction Notification, district engineers 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 restoration work does not cause more than minimal adverse effects on sensitive aquatic environments.
Stay current on NWP 45 updates
Get notified when regulations change — no spam, just updates that matter.