Corps of Engineers Issues Final Nationwide Permits for 2017

The United States Army Corps of Engineers recently published its 2017 final rule for nationwide permits under the Clean Water Act.  The Corps has authority under Section 404 of the Clean Water Act to issue general permits for dredge or fill material placed into waters of the United States and has routinely used nationwide permits to provide certainty to developers and reduce administrative red tape.  The 50 existing nationwide permits remain largely unchanged from their previous form.  A helpful chart tracking changes to the 2017 permits is located here.  One of the most obvious changes is General Condition 17, which now states that "no NWP activity may cause more than minimal adverse effects on tribal rights (including treaty rights), protected tribal resources, or tribal lands.”