Energy
VerifiedNWP 52: Water-Based Renewable Energy Generation Pilot Projects
Structures and work in navigable waters of the United States and discharges of dredged or fill material into waters of the United States for the construction, expansion, modification, or removal of water- based wind, water-based solar, wave energy, or hydrokinetic renewable energy generation pilot projects and their attendant features.
Acreage limit
Permanent loss of waters of the United States authorised under NWP 52 cannot exceed 0.5 acres per single and complete project.
Floating solar panels in navigable waters: each single and complete project cannot exceed 1/2-acre of water surface area covered. Placement of a transmission line on the bed of a navigable water is not a loss of waters for the purposes of applying the 1/2-acre limit.
Pre-construction notification: Always required
Every use of NWP 52 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 52, 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.