[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"permit-48":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":74,"publicComments":53,"purpose":52,"relatedPermits":75,"seo":76,"shortName":46,"sourceDocumentUrl":72,"statutoryAuthority":47,"stem":77,"whoNeedsThis":54,"__hash__":78},"permits/permits/nwp-48.json",null,"The 2026 reissuance of NWP 48 maintains the same national terms and conditions as the 2021 version, following a period where the permit was extensively litigated and subsequently revised. The Corps determined that the existing qualitative and quantitative limits, including the 1/2-acre notification threshold for new activities, remain appropriate for ensuring minimal environmental impact.\n\nUpdates were made to the supporting decision document to reflect current environmental baseline data, including findings from the 2022 National Lakes Assessment and the 2021 National Wetland Condition Assessment. The Corps also clarified that the permit is intended to provide a predictable regulatory pathway for the mariculture industry while maintaining protections for submerged aquatic vegetation and other sensitive marine resources.","48",[9,10,11,12,13,14],"Installation of floating oyster cages and longlines","Placement of clam netting and predator control devices","On-bottom oyster shell planting for reef restoration/cultivation","Installation of racks and trays for scallop production","Mechanical harvesting of shellfish in authorized lease areas","Expansion of an existing shellfish farm into new project areas","2026-03-15","The Corps determined that the reissuance of NWP 48 results in 'no effect' on federally listed endangered or threatened species or their critical habitat. This finding is supported by General Condition 18, which requires that no activity 'may affect' listed resources unless project-specific ESA Section 7 consultation has been completed. District engineers also verify Essential Fish Habitat (EFH) compliance, often utilizing regional programmatic consultations to streamline reviews for mariculture operations.\n\nCompliance with Section 106 of the National Historic Preservation Act is ensured through General Condition 20. For any activity that has the potential to cause effects on historic properties, the permittee must submit a pre-construction notification, allowing the district engineer to complete the necessary review and consultation before granting authorization.","json",[19,22,25,28,31],{"q":20,"a":21},"Do I need to submit a PCN for a continuing shellfish operation?","Generally no, unless the operation is expanding into a new project area or involves a change in the species being cultivated that was not previously authorized.",{"q":23,"a":24},"What is the PCN threshold for a brand-new shellfish farm?","A Pre-Construction Notification (PCN) is required if the new commercial shellfish mariculture activity will include more than 1/2-acre of submerged aquatic vegetation.",{"q":26,"a":27},"Can I use NWP 48 to grow seaweed or kelp?","No, NWP 48 is strictly for the cultivation of bivalve molluscs. The cultivation of aquatic plants like kelp is authorized under a different permit, such as NWP 55.",{"q":29,"a":30},"Does this permit allow me to build a pier for my farm?","No, NWP 48 does not authorize attendant features such as piers, jetties, or land-based structures. Those would require separate authorization under NWP 3, NWP 10, or an individual permit.",{"q":32,"a":33},"What species are authorized under NWP 48?","The permit covers bivalve molluscs including oysters, mussels, clams, and scallops. Non-indigenous species are only allowed if they have been previously cultivated in the waterbody.",[35,36,37,38,39,40],"Does not authorize the cultivation of new non-indigenous species","Pre-construction notification (PCN) required for new activities over 1/2-acre","Must not authorize the construction of land-based support facilities","Must notAuthorize the cultivation of aquatic plants","Shellfish must be bivalve molluscs (oysters, clams, mussels, scallops)","Temporary fills must be removed and the site restored",{"path":42,"body":43,"title":73},"/permits/nwp-48",{"id":44,"code":7,"name":45,"shortName":46,"statutoryAuthority":47,"acreageLimit":5,"linearFootLimit":5,"pcnTrigger":48,"effectiveDate":15,"purpose":52,"changesFrom2021":6,"environmentalReview":16,"publicComments":53,"whoNeedsThis":54,"commonProjects":55,"keyConditions":56,"faq":57,"relatedPermits":63,"seo":69,"sourceDocumentUrl":72},"nwp-48","Commercial Shellfish Mariculture Activities","NWP 48","10/404",{"type":49,"value":50,"unit":51},"threshold",0.5,"acre","Nationwide Permit 48 authorizes structures, work, and discharges of dredged or fill material necessary for both new and continuing commercial shellfish mariculture operations. This includes the cultivation of bivalve molluscs such as oysters, mussels, clams, and scallops within authorized project areas. The permit covers the installation of buoys, floats, racks, trays, nets, and other structures required for the growth and harvesting of shellfish.\n\nThe scope of this permit is limited to activities that result in no more than minimal individual and cumulative adverse environmental effects. It does not authorize the cultivation of non-indigenous species unless those species have been previously cultivated in the waterbody, nor does it authorize the construction of attendant features like land-based processing facilities, which would require separate permits.","During the public comment period, many commenters discussed the impact of mariculture on submerged aquatic vegetation (SAV) like eelgrass. Some argued that mariculture provides ecosystem benefits such as water filtration, while others were concerned about physical damage to SAV beds from gear and harvesting. The Corps responded that the permit includes terms to minimize impacts to SAV and that district engineers have the authority to add regional conditions to protect local seagrass populations.\n\nOther commenters focused on the definition of 'new' versus 'continuing' operations and the notification requirements. The Corps clarified that continuing operations generally do not require a PCN unless they involve a change in species or a significant expansion, while new operations exceeding the 1/2-acre threshold must always notify the Corps to ensure site-specific impacts are evaluated.","Commercial shellfish farmers, mariculture companies, and aquaculture consultants use this permit. It is the primary regulatory authorization for anyone cultivating oysters, clams, or other bivalves in navigable waters that requires the placement of gear or minor discharges of fill.",[9,10,11,12,13,14],[35,36,37,38,39,40],[58,59,60,61,62],{"q":20,"a":21},{"q":23,"a":24},{"q":26,"a":27},{"q":29,"a":30},{"q":32,"a":33},[64,65,66,67,68],"NWP-3","NWP-10","NWP-27","NWP-55","NWP-56",{"title":70,"description":71},"NWP 48: Commercial Shellfish Mariculture - 2026 Permit Guide","Nationwide Permit 48 (NWP 48) for oyster, clam, and mussel farming. 1/2-acre PCN threshold, existing lease areas, and Section 10/404 authority on Course Clear.","https://cdn.courseclear.io/usace/decision_documents/NWP-48-2026-Final-Decision-Document.pdf","Nwp 48",{"type":49,"value":50,"unit":51},[64,65,66,67,68],{"title":70,"description":71},"permits/nwp-48","5yNjxil3xSbq5GespLAikKIfaV_C6gONTiaZgP7BwUE"]