Nationwide Permit 58 authorizes activities required for the construction, maintenance, repair, and removal of utility lines specifically for water and other substances, excluding oil, natural gas, and electricity. This permit covers the crossing of jurisdictional waters, as well as associated utility line facilities like substations, foundations for overhead lines, and temporary or permanent access roads. It is designed to facilitate the infrastructure necessary for water distribution, sewage collection, and the transport of non-fuel substances. The permit allows for the discharge of dredged or fill material into waters of the United States, provided the activity does not result in a loss of greater than 1/2-acre for each single and complete project. For underground lines, the permit requires the area to be restored to its pre-construction contours. The scope includes both Section 404 discharges and Section 10 work in navigable waters, ensuring that essential water and wastewater infrastructure can be built and maintained efficiently.
The 2026 reissuance of NWP 58 maintains the structural changes made in 2021 when water and other substance utility lines were separated from the original NWP 12. The Corps determined that the 1/2-acre loss limit and the 1/10-acre pre-construction notification (PCN) threshold continue to be effective safeguards for ensuring that these specific utility activities result in no more than minimal individual and cumulative adverse environmental effects. While the national terms remain unchanged, the supporting decision document has been updated with the most recent environmental baseline data. This includes current findings from the 2022 National Lakes Assessment and the 2021 National Wetland Condition Assessment, ensuring that the cumulative impact analysis for the water and wastewater utility sector is based on the most current ecological science available.
Compliance managers for municipal water authorities, sewage districts, and industrial facility engineers use this permit. It is the primary authorization for installing water mains, sewer pipes, and the access roads required to maintain them across jurisdictional wetlands and streams.
The Corps determined that the reissuance of NWP 58 results in a 'no effect' finding for federally-listed endangered or threatened species and designated critical habitat. This finding is maintained by General Condition 18, which requires project-specific ESA Section 7 consultation if an activity 'might affect' listed resources. The PCN process for projects exceeding 1/10-acre allows district engineers to verify that line placements avoid sensitive habitats or use horizontal directional drilling (HDD) to bypass them. Compliance with Section 106 of the National Historic Preservation Act is ensured through General Condition 20. The PCN process allows the Corps to evaluate utility corridors for potential impacts to historic properties or archaeological sites. For Essential Fish Habitat (EFH), district engineers apply regional or case-specific conditions to ensure that trenching or pipe installation does not cause more than minimal adverse effects on sensitive marine or estuarine environments.
Stay current on NWP 58 updates
Get notified when regulations change — no spam, just updates that matter.