NWP 33: Temporary Construction, Access, and Dewatering

Temporary structures, work, and discharges of dredged or fill material, including cofferdams, necessary for construction activities or access fills or dewatering of construction sites, provided that the associated primary activity is authorized by the Corps of Engineers or the U.S. Coast Guard. This NWP also authorizes temporary structures, work, and discharges of dredged or fill material, including cofferdams, necessary for construction activities not otherwise subject to the Corps or U.S.

Acreage limit

The 2026 rule states no acreage limit for NWP 33. 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

PCN required if the activity is conducted in navigable waters of the United States (i.e. section 10 waters).

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 33, 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.