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NWP 7: Outfall Structures and Associated Intake Structures

Activities related to the construction or modification of outfall structures and associated intake structures, where the effluent from the outfall is authorized, conditionally authorized, or specifically exempted by, or otherwise in compliance with regulations issued under the National Pollutant Discharge Elimination System Program (Section 402 of the Clean Water Act).

Acreage limit

The 2026 rule states no acreage limit for NWP 7. Eligibility turns on the activity description in the rule text and the general conditions that apply, not on a numeric cap.

Pre-construction notification: Always required

Every use of NWP 7 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 7, 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.