Recreation
VerifiedNWP 42: Recreational Facilities
Discharges of dredged or fill material into non-tidal waters of the United States for the construction or expansion of recreational facilities. Examples of recreational facilities that may be authorized by this NWP include playing fields (e.g., football fields, baseball fields), basketball courts, tennis courts, hiking trails, bike paths, golf courses, ski areas, horse paths, nature centers, and campgrounds (excluding recreational vehicle parks).
Acreage limit
The limit NWP 42 applies depends on the water it is applied in.
- Non-tidal waters
- 1/2 acre of permanent loss
- Tidal waters
- No limit compiled for this permit
1/2-acre limit applies to non-tidal waters of the United States.
Pre-construction notification: Always required
Every use of NWP 42 requires a pre-construction notification to the district engineer before work begins. There is no minimum-impact threshold that exempts a project from this requirement.
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 42, 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.