Energy
VerifiedNWP 8: Oil and Gas Structures on the Outer Continental Shelf
Structures for the exploration, production, and transportation of oil, gas, and minerals on the outer continental shelf within areas leased for such purposes by the Department of the Interior, Bureau of Ocean Energy Management. Such structures shall not be placed within the limits of any designated shipping safety fairway or traffic separation scheme, except temporary anchors that comply with the fairway regulations in 33 CFR 322.5(l).
Acreage limit
The 2026 rule states no acreage limit for NWP 8. 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 8 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 8, 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.