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Water Quality Certification for Nationwide Permits

Final 2026 NWP Rule

Every five years, the U.S. Army Corps of Engineers (Corps) typically reissues the Nationwide Permits (NWPs) under their Clean Water Act (CWA) Section 404 permit program. The NWPs are activity-based and intended to make the permitting process faster and more efficient for the applicant. On January 13, 2021, the Corps modified and reissued 12 of the nationwide permits and created four new nationwide permits, as well as NWP general conditions and definitions. State specific conditions were published by DWEE; however, the final 2020 NWP Rule originally reissued all the NWPs.

On June 18, 2025, the Corps published the proposed NWP Rule in the Federal Register (90 FR 26100). State-specific conditions were finalized and published by the Nebraska Department of Water, Energy, and Environment (DWEE) on December 16, 2025. These new and reissued NWPs became valid on March 15, 2026, and will remain in effect through March 15, 2031.

DWEE reviews NWPs to ensure compliance with Nebraska Surface Water Quality Standards (Title 117) and incorporates WQC conditions into federal permits.

Links

Additional downloadable attachments include geographic condition maps and updated classifications for Class A Lakes/Wetlands and Class A Streams.