Administrative
VerifiedNWP 23: Approved Categorical Exclusions
Activities undertaken, assisted, authorized, regulated, funded, or financed, in whole or in part, by another Federal agency or department where: (a) That agency or department has determined, pursuant to Section 106, 109, and 111(1) of the National Environmental Policy Act, that the activity is categorically excluded from the requirement to prepare an environmental impact statement or environmental assessment analysis, because it is included within a category of actions which neither individually nor cumulatively have a significant effect on the human environment; and (b) The Office of the Chief of Engineers (Attn: CECW-CO) has concurred with that agency's or department's determination that the activity is categorically excluded and approved the activity for authorization under NWP 23.
Acreage limit
The 2026 rule states no acreage limit for NWP 23. Eligibility turns on the activity description in the rule text and the general conditions that apply, not on a numeric cap.
Pre-construction notification: Conditional
Certain categorical exclusions approved for authorisation under this NWP require a PCN prior to commencing the activity.
If a PCN is required, general condition 32 gives the district engineer 30 calendar days to determine whether it is complete, then up to 45 calendar days from receipt of the complete PCN to respond before the permittee may proceed. Those are two separate clocks, not one.
Source
- Federal Register citation
- 91 FR 768
- Effective date
- March 15, 2026
- Cited text
- 91 FR 768 - Reissuance and Modification of Nationwide Permits (final rule, 8 Jan 2026) Read the rule
What this page does not tell you
- District regional conditions. Any of the 38 USACE districts can narrow NWP 23, add a notification requirement beyond general condition 32, or revoke the permit entirely inside its boundaries. PermitBird holds no compiled regional conditions yet. Check the district.
- State Clean Water Act Section 401 certification. Each of the 54 states and territories must certify, condition, waive or deny use of this permit before it authorises a discharge there. PermitBird holds no compiled certification yet. Check the state.