Published Oct. 17, 2019

On January 6, 2017, the U.S. Army Corps of Engineers (Corps) published the notice in the Federal Register announcing the reissuance of all existing nationwide permits (NWPs), general conditions, and definitions with some modifications. The NWPs became effective on March 19, 2017, and will expire on March 18, 2022.

Certain NWPs require project proponents to notify Corps district engineers of their proposed activities prior to conducting regulated activities, so that the district engineers can make case-specific determinations of NWP eligibility. The notification takes the form of a pre-construction notification (PCN). The purpose of a PCN is to give the district engineer an opportunity to review a proposed NWP activity (generally 45 days after receipt of a complete PCN) to ensure that the proposed activity qualifies for NWP authorization. More information on when an activity requires a PCN can be found in the Federal Register Notice at https://www.govinfo.gov/content/pkg/FR-2017-01-06/pdf/2016-31355.pdf

In some Corps districts, division engineers have imposed regional conditions on certain NWPs to help ensure that those NWP only authorize activities with no more than minimal adverse environmental effects in a particular region. Those regional conditions may add PCN requirements to one or more NWPs. Prospective permittees that want to use one or more NWPs to authorize their proposed activities should contact the appropriate Corps district or view its web page to determine if there are additional NWP activities that require PCNs on a regional basis.

To assist applicants in providing complete information needed for NWP evaluations, a PCN application form was created and approved by the Office of Management and Budget (OMB) in February of 2019. The use of this form is strongly encouraged to assist Corps districts with a streamlined evaluation of an applicant’s proposal. Having a complete application form will reduce the need for additional information requests and should reduce the amount of time it takes the district engineer to conclude his or her review. Instructions on how to complete the PCN application form can be found at the end of the form.

Please note not all Corps Regulatory offices will use this form, as some districts have joint federal and state application reviews and use forms created specifically for that purpose. Please refer to your local Corps district office webpage for more information on which form should be used. A map to help you find your local Corps office website can be found at: http://regulatory-ops.s3-website-us-east-1.amazonaws.com/

Information on the preferred form to use will be noted on the districts’ website. The Corps can still accept information provided on other forms, however use of the PCN form for NWPs is strongly encouraged and will expedite the evaluation of your application.

Click here to obtain a copy of Form ENG 6082.