Nationwide Permit 59 authorizes the discharge of dredged or fill material into non-tidal waters of the United States for the construction, expansion, and maintenance of water reclamation and reuse facilities. This includes a wide range of infrastructure such as filtering and treatment components, pumps, storage tanks, and distribution systems designed to treat wastewater for beneficial reuse. The permit also covers nature-based solutions integrated into these facilities, such as vegetated areas designed to improve water infiltration and constructed wetlands used for natural water quality treatment. The scope is limited to non-tidal waters and specifically excludes discharges into non-tidal wetlands that are adjacent to tidal waters, ensuring the permit focuses on inland water recycling efforts.
The 2026 reissuance of NWP 59 maintains the core requirements established when the permit was first introduced in 2021. The Corps determined that the 1/2-acre acreage limit and the mandatory pre-construction notification (PCN) requirement remain effective tools for ensuring that these facilities result in no more than minimal individual and cumulative adverse environmental effects. While the permit terms are 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. These updates provide a current ecological context for the Corps' finding that water reuse projects contribute to sustainable water management without significant loss of jurisdictional aquatic resources.
Sustainability managers for municipal water districts, industrial facility engineers, and civil developers use this permit. It is the primary authorization for projects building the infrastructure needed to turn wastewater into a resource for irrigation, industrial processes, or groundwater recharge.
The Corps determined that the reissuance of NWP 59 results in a 'no effect' finding for federally-listed endangered or threatened species and designated critical habitat. This finding is supported by General Condition 18, which prohibits any activity that 'might affect' listed resources from proceeding until a project-specific Section 7 consultation is completed. Because all NWP 59 activities require a PCN, district engineers review every proposal for potential species impacts. Compliance with Section 106 of the National Historic Preservation Act is ensured through General Condition 20. The mandatory notification process allows the Corps to evaluate every proposed facility for potential effects on historic properties or archaeological sites. For Essential Fish Habitat (EFH), district engineers can apply regional or project-specific conditions to ensure that the construction of treatment basins or distribution lines does not cause more than minimal adverse effects on sensitive aquatic life.
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