Alabama

Section 401 certification: conditioned (3 conditions)

Certifying authority: Alabama Department of Environmental Management (ADEM), statewide

Read from Alabama's Clean Water Act section 401 certification decision for the 2026 nationwide permit reissuance.

1. ADEM (4 December 2025) certifies the 2026 nationwide permits statewide subject to 19 conditions, including: compliance with state NPDES, water quality and use-classification rules; ADEM permit coverage obtained before work begins; weekly site inspections; a BMP plan prepared by an ADEM-recognised qualified professional; an SPCC plan for onsite fuel and chemical storage; a turbidity limit of 50 NTU above background; and 3-year record retention.

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2. A separate, narrower certification for Poarch Band of Creek Indians tribal lands was issued by EPA Region 4 (18 December 2025), because the Tribe lacks its own CWA s.401 certifying authority: granted without conditions for most nationwide permits, expressly waived for a further group, and no action taken for the remainder, which require the Corps to seek EPA certification separately if a discharge occurs. This tribal-land certification does not apply to the rest of Alabama and does not follow ADEM's statewide posture.

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3. ADEM's Alabama Coastal Area Management Program consistency concurrence (8 September 2025) certifies most nationwide permits consistent with the state coastal programme, each with NWP-specific conditions, but excludes a named list of NWPs (including 10, 21, 24, 29, 30, 34, 39-44, 49-52, 55 and 59) from coastal-area use without individual consistency review.

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