NWP 37: Emergency Watershed Protection and Rehabilitation

Work done by or funded by: (a) The Natural Resources Conservation Service for a situation requiring immediate action under its emergency Watershed Protection Program (7 CFR part 624); (b) The U.S. Forest Service under its Burned-Area Emergency Rehabilitation Handbook (FSH 2509.13); (c) The Department of the Interior for wildland fire management burned area emergency stabilization and rehabilitation (DOI Manual part 620, Ch.

Acreage limit

The 2026 rule states no acreage limit for NWP 37. 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 prior to commencing the activity except where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur.

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 37, 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.