Recent changes in the U.S. Corps of Engineers nationwide permit program will require individual permits for development activities that used to be covered under nationwide permits. Nationwide permits authorize the discharge of fill material into wetlands and aquatic areas under specific, limited conditions where impacts are minor.

Under the old regulations, Nationwide Permit 26 (NWP 26) could be processed for projects impacting less than three acres of wetlands. NWP 26's replacement can only be used for projects impacting less than 1/2 of an acre.

Projects impacting 1/2 acre to 3 acres of wetlands must now go through the extensive individual permit process, which involves compensatory mitigation, public notice, and a longer time for review and issuance of permits.

With the new regulations, the Pre-Construction Notification is reduced from one acre to 1/10 of an acre. A Post-Construction Notification process is no longer allowed.

The new regulations, which the Corps has already received 1,700 comments on, took effect June 6, 2000. Approximately 6 to 8 months should be budgeted to process applications for projects requiring individual permits.

If you need assistance with wetland delineation, compensatory wetland design, or permit processing, contact Claire Fisher, P.E. at (585) 334-1310, ext. 224 or cfisher@fisherassoc.com to arrange to discuss your specific situation in detail.