Nationwide Permit 5 authorizes the installation of devices used to measure and record scientific data. Authorized structures include staff gages, tide and current gages, meteorological stations, water recording devices, and biological observation tools. It also covers devices for water quality testing and improvement, provided they are used for data collection purposes. The permit allows for the construction of small weirs and flumes primarily intended to record water quantity and velocity. However, these specific structures are subject to a strict volume limit: the discharge of dredged or fill material cannot exceed 25 cubic yards. All devices and associated structures, such as foundations and anchors, must be removed and the site restored to its original elevation once the data collection period ends.
The 2026 reissuance of NWP 5 includes no substantive changes to its terms or conditions compared to the 2021 version. The Corps of Engineers reevaluated the permit's individual and cumulative effects and determined that the existing qualitative and quantitative limits remain sufficient to ensure only minimal adverse environmental impacts. While the permit text remains unchanged, the supporting decision document has been updated with current environmental baseline data. This includes information from newer national-scale assessments, such as the 2022 National Lakes Assessment and the 2021 National Wetland Condition Assessment, ensuring that the environmental review reflects the most recent scientific data available.
This permit is typically used by scientific researchers, environmental consultants, and government agencies involved in hydrology, meteorology, or aquatic biology. It facilitates the quick deployment of monitoring equipment for data-driven environmental management and public safety projects.
The Corps determined that reissuing NWP 5 has 'no effect' on federally-listed endangered or threatened species or their critical habitat. This finding is supported by General Condition 18, which requires project-specific ESA Section 7 consultation if an activity 'might affect' listed species; no such activity is authorized until the consultation process is successfully completed . Compliance with the National Historic Preservation Act is similarly managed through General Condition 20, which triggers a mandatory Pre-Construction Notification (PCN) if an activity has the potential to affect historic properties. The Corps also found that the activities result in only minor changes to the current environmental setting across the United States and its territories.
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