PUBLIC NOTICE FOR THE FINAL REGIONAL CONDITIONS IN THE STATE OF COLORADO APPLICABLE TO THE 57 NATIONWIDE PERMITS PUBLISHED IN THE FEDERAL REGISTER ON JANUARY 8, 2026
On January 8, 2026, the U.S. Army Corps of Engineers (Corps) published a final action in the Federal Register (91 FR 768) announcing the reissuance of 56 existing nationwide permits (NWPs) and one new NWP, as well as the reissuance of NWP general conditions and definitions with some modifications. These 57 NWPs will go into effect on March 15, 2026, and will expire on March 15, 2031. One NWP was not reissued.
Nationwide Permits (NWPs)
1. Aids to Navigation
2. Structures in Artificial Canals
3. Maintenance
4. Fish and Wildlife Harvesting, Enhancement, and Attraction Devices and Activities
5. Scientific Measurement Devices
6. Survey Activities
7. Outfall Structures and Associated Intake Structures
8. Oil and Gas Structures on the Outer Continental Shelf
9. Structures in Fleeting and Anchorage Areas
10. Mooring Buoys
11. Temporary Recreational Structures
12. Oil or Natural Gas Pipeline Activities
13. Bank Stabilization
14. Linear Transportation Projects
15. U.S. Coast Guard Approved Bridges
16. Return Water From Upland Contained Disposal Areas
17. Hydropower Projects
18. Minor Discharges
19. Minor Dredging
20. Response Operations for Oil or Hazardous Substances
21. Surface Coal Mining Activities
22. Removal of Vessels
23. Approved Categorical Exclusions
24. Indian Tribe or State Administered Section 404 Programs
25. Structural Discharges
26. [Reserved]
27. Aquatic Ecosystem Restoration, Enhancement, and Establishment Activities
28. Modifications of Existing Marinas
29. Residential Developments
30. Moist Soil Management for Wildlife
31. Maintenance of Existing Flood Control Facilities
32. Completed Enforcement Actions
33. Temporary Construction, Access, and Dewatering
34. Cranberry Production Activities
35. Maintenance Dredging of Existing Basins
36. Boat Ramps
37. Emergency Watershed Protection and Rehabilitation
38. Cleanup of Hazardous and Toxic Waste
39. Commercial and Institutional Developments
40. Agricultural Activities
41. Reshaping Existing Drainage and Irrigation Ditches
42. Recreational Facilities
43. Stormwater Management Facilities
44. Mining Activities
45. Repair of Uplands Damaged by Discrete Events
46. Discharges in Ditches
47. [Reserved]
48. Commercial Shellfish Mariculture Activities
49. Coal Remining Activities
50. Underground Coal Mining Activities
51. Land-Based Renewable Energy Generation Facilities
52. Water-Based Renewable Energy Generation Pilot Projects
53. Removal of Low-Head Dams
54. Living Shorelines
55. Seaweed Mariculture Activities
56. [Reserved]
57. Electric Utility Line and Telecommunications Activities
58. Utility Line Activities for Water and Other Substances
59. Water Reclamation and Reuse Facilities
60. Activities to Improve Passage of Fish and Other Aquatic Organisms
The January 8, 2026, Federal Register notice is available for viewing at https://www.federalregister.gov/documents/2026/01/08/2026-00121/reissuance-and-modification-of-nationwide-permits. If appropriate, a grandfathering period will apply, as specified by 33 CFR 330.6(b), for those project proponents who have already commenced work under a 2021 NWP or are under contract to commence work under a 2021 NWP (see 33 CFR 330.5(c)(1)(iv)).
In accordance with the U.S. Environmental Protection Agency’s (EPA’s) current water quality certification (WQC) regulations at 40 Code of Federal Regulations (CFR) Part 121, the Albuquerque District has reviewed Clean Water Act Section (CWA) 401 WQC decisions received from certifying authorities. The Albuquerque District has determined that all accepted granted and denied WQC decisions in Colorado satisfied the requirements set forth in 40 CFR 121.7. For a list of final WQC decisions, see the attached letters from the certifying authorities. If a permittee engages in activities within the scope of an NWP, the permittee must also comply with any applicable regional conditions. In the state of Colorado, the regional conditions that apply to the 57 NWPs, as described above, are as follows:
1. Construction of Diversions and Intakes. The permittee must submit a pre- construction notification (PCN) to the District Engineer in accordance with general condition 32 prior to commencing any activity that involves the construction of new water diversions and intakes. This regional condition does not apply to maintenance activities covered by Nationwide Permit (NWP) 3.
2. Open Trenching in Perennial Streams. The permittee must submit a PCN to the District Engineer in accordance with general condition 32 prior to commencing any activity that involves open trenching in perennial streams.
3. Peatlands. All NWPs, with the exception of 3, 5, 6, 20, 27, 32, 37, and 38, are revoked for the discharge of dredged or fill material in peatlands. For NWPs 3, 5, 6, 20, 27, 32, 37, and 38, the permittee must submit a PCN to the District Engineer in accordance with general condition 32 prior to commencing work in peatlands. The term peatland includes fens and bogs. For the purposes of this regional condition, a peatland is defined as a wetland with organic soil that is classified as a histosol in the Natural Resources Conservation Service (NRCS) guidance document titled Field Indicators of Hydric Soils in the United States (Version 9.0, 2024). A copy of the document can be obtained from the NRCS at https://www.nrcs.usda.gov/resources/guides-and-instructions/field-indicators-of-hydric-soils.
4. Stream Stabilization. The permittee must submit a PCN to the District Engineer in accordance with general condition 32 prior to commencing any stream stabilization activity that utilizes non-native material. The permittee must also submit a PCN to the District Engineer in accordance with general condition 32 prior to commencing any stream stabilization activity that exceeds the placement of ¼ cubic yard of material per linear foot on average below the plane of the ordinary high water mark for streams with an average width of less than 20 feet (measured at the plane of ordinary high water).
Non-native materials include clean brick, broken concrete, cinder block, slab material, wire mesh, such as gabion baskets, grout, and sheet piling. The use of broken concrete with exposed rebar, tires (loose or formed into bales), or other materials listed under general condition 6 is prohibited in all waters of the United States. Rock rip rap, and woody debris are considered native material.
For all stream stabilization activities involving non-native material, permittees must demonstrate that alternative engineering methods utilizing native materials are not practicable (with respect to cost, existing technology, and logistics), before the use of non-native material is allowed as suitable fill.
5. Gold Medal Waters. The permittee must submit a PCN to the District Engineer in accordance with general condition 32 prior to commencing all activities located in waters identified as “Gold Medal” by the Colorado Wildlife Commission. Upon receipt of a complete PCN, the U.S. Army Corps of Engineers (Corps) will initiate Agency Coordination with Colorado Parks and Wildlife (CPW) as outlined in the procedures under general condition 32(d) of the NWPs. Pre-application consultation with CPW is not required but highly recommended. If a pre-application consultation is conducted with CPW, providing written documentation of CPW’s response to the project may satisfy the coordination requirements resulting in quicker processing times. Please visit CPW’s website at cpw.state.co.us to determine the location of Gold Medal waters and the appropriate office for coordination.
6. Water Quality Certification. In accordance with 33 CFR 330.4(c), the conditions of Clean Water Act Section 401 water quality certifications are incorporated as conditions of the Section 404 NWPs. The requirements for water quality certifications in the State of Colorado can be found at spa.usace.army.mil/reg/wqc.
In the State of Colorado, the regional conditions that apply to the specific NWPs, as described below, are as follows:
7. Nationwide Permit No. 27: Aquatic Ecosystem Restoration, Enhancement, and Establishment Activities.
a. PCN is required for activities that qualify for Nationwide Permit 27 and involve streambed form modifications, or the creation/modification of riffle pool complexes. To evaluate whether the activity is ecologically appropriate for the specific stream reach, the Corps will coordinate with Colorado Parks and Wildlife (CPW), or the appropriate Tribal entity, in accordance with the procedures set forth in General Condition 32(d).
To assist in agency coordination with CPW or appropriate Tribal entity drawings must include the following:
(1) Plan view of all work clearly identifying types and locations of structures/impacts, along with dimensions, and approximate extents of aquatic resources within the project area, including wetlands and riffle and pool complexes. To aid in visual understanding, this plan can be overlaid on a recent aerial image of the project site. The plan should also include information such as the existing and proposed bank slopes, width-to-depth ratio of the channel, and sinuosity.
(2) Cross-sectional and longitudinal profile views to scale of the existing stream channel and the proposed channel modifications, including dimensions (length, width and height of the structures or work).
PCNs will be determined incomplete if the information required for coordination with CPW or appropriate Tribal entity is not provided.
b. Use of concrete and grout. The use of concrete/grouting is not allowed in perennial streams unless the Corps determines on a case-by-case basis that the impacts will result in minimal adverse effects to the aquatic resource. Projects proposing the use of concrete/grouting will require a PCN.
Click here to view the full Public Notice.