[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"permit-46":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-46.json",1,"The 2026 reissuance of NWP 46 maintains the same national terms and conditions as the 2021 version, including the one-acre acreage limit and the mandatory pre-construction notification (PCN) requirement. The Corps reevaluated the permit’s impact thresholds and determined they remain appropriate for ensuring that authorized activities result in no more than minimal individual and cumulative adverse environmental effects.\n\nWhile the regulatory text is unchanged, the supporting decision document has been updated with the most recent environmental baseline data. This includes data from the 2022 National Lakes Assessment and the 2021 National Wetland Condition Assessment, ensuring that the Corps' cumulative impact analysis for ditch-related discharges is based on the latest available ecological science.","46",[9,10,11,12,13,14],"Filling an upland-constructed drainage ditch for land leveling","Piping an existing irrigation ditch to prevent water loss","Relocating a jurisdictional ditch to accommodate new site infrastructure","Discharging fill to create a crossing over a regulated upland ditch","Modifying the alignment of a farm ditch that connects to a stream","Maintenance work involving fill in a currently serviceable non-tidal ditch","2026-03-15","The Corps determined that the reissuance of NWP 46 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 completed. \n\nCompliance with Section 106 of the National Historic Preservation Act is ensured through General Condition 20. Because every project under NWP 46 requires a PCN, 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 discharges in ditches do 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 work in a ditch under NWP 46?","Yes, a Pre-Construction Notification (PCN) is mandatory for all activities authorized by NWP 46 before work begins.",{"q":23,"a":24},"What is the maximum acreage limit for NWP 46?","The discharge of dredged or fill material must not cause the loss of greater than one acre of waters of the United States.",{"q":26,"a":27},"Can I use NWP 46 for a ditch that was a natural stream?","No, this permit only applies to ditches that were constructed in uplands. Ditches constructed in streams or other jurisdictional waters are not eligible.",{"q":29,"a":30},"Does this permit cover work in tidal ditches?","No, NWP 46 is strictly limited to discharges into non-tidal ditches.",{"q":32,"a":33},"What happens if my project exceeds the 1-acre limit?","Activities that cause the loss of more than one acre of waters of the United States are not eligible for NWP 46 and would typically require an individual permit.",[35,36,37,38,39,40],"Total loss of waters of the United States cannot exceed 1 acre","Ditch must have been constructed in uplands","Pre-Construction Notification (PCN) is mandatory for all activities","Does not authorize discharges into ditches constructed in jurisdictional waters","Does not authorize discharges into non-tidal wetlands adjacent to tidal waters","Temporary fills must be removed and the site restored",null,{"path":43,"body":44,"title":71},"/permits/nwp-46",{"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-46","Discharges in Ditches","NWP 46","404",{"type":50},"mandatory","Nationwide Permit 46 authorizes the discharge of dredged or fill material into certain non-tidal ditches that have been determined to be waters of the United States. To qualify, the ditch must have been originally constructed in uplands, received water from a jurisdictional waterbody prior to construction, and diverted that water to another jurisdictional waterbody. This permit provides a streamlined path for projects that require filling or modifying these specific types of man-made water conveyances.\n\nThe permit is strictly limited to non-tidal ditches and cannot be used for activities in ditches constructed in streams or other jurisdictional waters, nor can it be used in non-tidal wetlands adjacent to tidal waters. The primary intent is to allow for the maintenance or modification of upland-constructed ditches while ensuring the total loss of jurisdictional waters does not exceed one acre.","During the public interest review, some commenters suggested that the one-acre limit for NWP 46 is too high and should be reduced to 1/2-acre to match other nationwide permits. Others argued that ditches constructed in uplands often have lower ecological value and the one-acre limit is justified. The Corps decided to maintain the one-acre limit, noting that the mandatory PCN allows for a case-by-case review to ensure impacts are truly minimal.\n\nOther feedback focused on the specific criteria for which ditches qualify for the permit. The Corps clarified that the four-part test in the permit text—specifically the requirement that the ditch was constructed in uplands but connects jurisdictional waters—is necessary to distinguish these ditches from those that were constructed by channelizing natural streams, which would require different permit authorizations.","Compliance managers for agricultural operations, irrigation districts, and land developers typically use this permit. It is specifically for those needing to fill or modify man-made ditches that, while constructed in uplands, are regulated because of their connection to the larger jurisdictional tributary system.",[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-40","NWP-41","NWP-43",{"title":68,"description":69},"NWP 46: Discharges in Ditches - 2026 Permit Guide","Nationwide Permit 46 (NWP 46) for discharges into upland ditches with aquatic habitat. 1-acre limit, mandatory PCN, and Section 404 compliance rules on Course Clear.","https://cdn.courseclear.io/usace/decision_documents/NWP-46-2026-Final-Decision-Document.pdf","Nwp 46",{"type":50},[63,64,65,66],{"title":68,"description":69},"permits/nwp-46","DnRoGJPLpkhO0MbV-UVoQ8y24geWDyl5zMe07yy6r94"]