Nationwide Permit 52 authorizes structures, work, and discharges of dredged or fill material for the construction, expansion, modification, or removal of water-based renewable energy generation pilot projects. These projects include wind, solar, wave, or hydrokinetic energy technologies. The permit is specifically designed for 'pilot projects,' which are defined as experimental facilities used to collect data on the performance of the technology and its potential environmental effects. The scope of the permit includes the energy generation units themselves and their attendant features, such as land-based collection facilities, control facilities, roads, parking lots, and stormwater management systems. For a project to qualify, it must be limited to no more than 10 generation units (e.g., 10 wind turbines or 10 floating solar panels) and must not cause the loss of more than 1/2-acre of waters of the United States.
The 2026 reissuance of NWP 52 maintains the core limitations from the 2021 version, including the 10-unit maximum for pilot projects and the 1/2-acre acreage limit. The Corps reevaluated these thresholds and determined they remain appropriate to ensure that experimental energy projects result in no more than minimal individual and cumulative adverse environmental effects while supporting renewable energy innovation. Updates to the supporting decision document were performed to incorporate the most recent environmental baseline data, such as findings from the 2022 National Lakes Assessment and the 2021 National Wetland Condition Assessment. These updates ensure that the Corps' cumulative impact analysis is based on the most current national-scale ecological data available regarding the status of the nation's aquatic resources.
Energy developers, research institutions, and utility companies testing new water-based energy technologies typically use this permit. It is the primary authorization for small-scale trials of floating solar, offshore wind, or wave energy converters that require structures in navigable waters or fill in wetlands.
The Corps determined that the reissuance of NWP 52 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 complete. This is particularly important for water-based energy projects that may interact with marine life. Compliance with Section 106 of the National Historic Preservation Act is ensured through General Condition 20. Because every project under NWP 52 requires a Pre-Construction Notification, district engineers are able to review each pilot project layout for potential impacts to historic properties, such as shipwrecks or archaeological sites. Essential Fish Habitat (EFH) is also evaluated during the PCN process to ensure that mooring or anchoring systems do not cause more than minimal adverse effects.
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