NWP 7Effective 2026-03-15

Outfall Structures and Associated Intake Structures

Requirements at a Glance

  • Pre-Construction Notification (PCN) is required for all activities
  • Authorized under Section 10 and Section 404
  • Must be authorized or covered by an NPDES permit
  • Intake structures must be associated with a constructed outfall
  • Pre-Construction Notification (PCN) is mandatory for all activities
  • Does not authorize the construction of road fills or permanent structures other than the outfall/intake
  • Must be designed to withstand expected high flows and maintain pre-construction contours
  • Temporary fills must be removed and site restored upon project completion

Purpose & Scope

Nationwide Permit 7 authorizes the construction of outfall structures and associated intake structures, provided the activities have been authorized, admitted, or otherwise covered by a National Pollutant Discharge Elimination System (NPDES) permit. This permit is essential for infrastructure designed to discharge treated water or pull in raw water for processing while ensuring minimal impact on the surrounding aquatic environment . The scope includes the outfall structure itself and intake structures that are physically associated with that outfall. Intake structures are only authorized by this permit if they are built in conjunction with an outfall, such as for industrial cooling or municipal water systems.

What Changed in 2026

The 2026 reissuance of NWP 7 did not result in any substantive changes to the permit's national terms and conditions. The Corps reevaluated the permit and determined that the existing qualitative and quantitative limits remain sufficient to ensure that authorized activities result in no more than minimal individual and cumulative adverse environmental effects . Administrative updates were made to the supporting decision document to incorporate newer environmental baseline data, such as results from the 2022 National Lakes Assessment and the 2021 National Wetland Condition Assessment. This ensures that the environmental review process remains grounded in current ecological science despite the regulatory text remaining unchanged from the 2021 version.

Who Needs This Permit?

Environmental compliance managers, municipal utility districts, and industrial facility operators use this permit. It is required for any entity constructing water intake or outfall infrastructure that involves work in navigable waters or discharges into waters of the U.S. that are already covered by an NPDES permit.

Common Project Types

  • Construction of municipal wastewater outfalls
  • Installation of industrial cooling water intake structures
  • Placement of stormwater discharge headwalls
  • Development of intake structures for power plant facilities
  • Repairs to existing permitted outfall infrastructure
  • Installation of associated riprap for bank stabilization near outfalls

Environmental Review

The Corps determined that the reissuance of NWP 7 results in 'no effect' on federally-listed endangered or threatened species or their critical habitat. This is because general condition 18 requires project-specific ESA Section 7 consultation for any activity that 'may affect' listed resources, and no activity is authorized until that consultation is complete . Compliance with Section 106 of the National Historic Preservation Act is also ensured through general condition 20, which triggers a case-by-case review for activities with the potential to affect historic properties. Essential Fish Habitat (EFH) impacts are managed through regional or activity-specific conditions to ensure impacts remain minimal.

Frequently Asked Questions

Do I always need to submit a PCN for NWP 7?

What is the acreage limit for NWP 7?

Can I build an intake structure without an outfall under NWP 7?

Do I need an NPDES permit before applying for NWP 7?

Does NWP 7 allow for minor dredging?

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