[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"permit-45":3},{"id":4,"acreageLimit":5,"changesFrom2021":6,"code":7,"commonProjects":8,"effectiveDate":15,"environmentalReview":16,"extension":17,"faq":18,"keyConditions":34,"linearFootLimit":5,"meta":41,"name":45,"pcnTrigger":71,"publicComments":51,"purpose":50,"relatedPermits":72,"seo":73,"shortName":46,"sourceDocumentUrl":69,"statutoryAuthority":47,"stem":74,"whoNeedsThis":52,"__hash__":75},"permits/permits/nwp-45.json",null,"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.\n\nUpdates 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.","45",[9,10,11,12,13,14],"Restoring a residential backyard washed away during a major flood event","Stabilizing a riverbank to protect upland property restored after a storm","Excavating sediment from a lakefront to restore the original upland contour","Repairing a public park upland area damaged by a sudden landslide","Discharging fill to replace land lost during a hurricane or tropical storm","Restoring an upland access road that was undermined by a discrete flood event","2026-03-15","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.\n\nCompliance 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.","json",[19,22,25,28,31],{"q":20,"a":21},"Do I need to submit a PCN for NWP 45?","Yes, a Pre-Construction Notification (PCN) is mandatory for all activities authorized by NWP 45.",{"q":23,"a":24},"Can I use NWP 45 to fix land lost to slow erosion over 10 years?","No, this permit only authorizes restoration for land lost during 'discrete events' like a specific storm or flood, not gradual erosion.",{"q":26,"a":27},"What is the time limit for starting work after a storm?","Restoration must start, or be under contract to start, within two years of the damage event unless the district engineer grants a waiver.",{"q":29,"a":30},"Can I make my yard bigger than it was before the flood?","No, the restoration cannot exceed the contours or ordinary high water mark that existed before the damage occurred.",{"q":32,"a":33},"Does this permit cover the riprap to protect my new land?","Yes, NWP 45 authorizes associated bank stabilization required to protect the restored upland area.",[35,36,37,38,39,40],"Restoration must not exceed the contours that existed before the damage","Pre-Construction Notification (PCN) is mandatory for all activities","Work must commence within 2 years of the damage unless waived by the DE","Does not authorize the reclamation of land lost through gradual erosion","Bank stabilization must be the minimum necessary to protect the restored upland","Temporary fills must be removed and the site restored",{"path":42,"body":43,"title":70},"/permits/nwp-45",{"id":44,"code":7,"name":45,"shortName":46,"statutoryAuthority":47,"acreageLimit":5,"linearFootLimit":5,"pcnTrigger":48,"effectiveDate":15,"purpose":50,"changesFrom2021":6,"environmentalReview":16,"publicComments":51,"whoNeedsThis":52,"commonProjects":53,"keyConditions":54,"faq":55,"relatedPermits":61,"seo":66,"sourceDocumentUrl":69},"nwp-45","Repair of Uplands Damaged by Discrete Events","NWP 45","10/404",{"type":49},"mandatory","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.\n\nThe 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.","During the public comment period, some commenters suggested that the permit should be expanded to include restoration for gradual erosion. The Corps declined this suggestion, clarifying that NWP 45 is specifically intended for 'discrete events' to ensure impacts remain minimal and to avoid authorizing significant changes to the shoreline that have occurred naturally over long periods.\n\nOther commenters requested more flexibility regarding the two-year deadline for commencing work. The Corps noted that the permit already allows district engineers to waive the two-year limit for 'extenuating circumstances,' such as delays in securing federal funding or navigating complex local insurance claims, which provides sufficient administrative relief while ensuring the permit is used for recent damage.","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.",[9,10,11,12,13,14],[35,36,37,38,39,40],[56,57,58,59,60],{"q":20,"a":21},{"q":23,"a":24},{"q":26,"a":27},{"q":29,"a":30},{"q":32,"a":33},[62,63,64,65],"NWP-3","NWP-13","NWP-33","NWP-37",{"title":67,"description":68},"NWP 45: Repair of Uplands Damaged by Storms - 2026 Permit Guide","Nationwide Permit 45 (NWP 45) for restoring upland areas damaged by floods and storms. 2-year window, mandatory PCN, and Section 10/404 authority on Course Clear.","https://cdn.courseclear.io/usace/decision_documents/NWP-45-2026-Final-Decision-Document.pdf","Nwp 45",{"type":49},[62,63,64,65],{"title":67,"description":68},"permits/nwp-45","q8MPBGkeNEeowmQAPhUONtXjWkL80SwpxzMLQ6d6ItQ"]