Learn more about the Navigable Waters Protection Rule vacatur at the USACE headquarters website.
On November 18, 2021 the U.S. Environmental Protection Agency and the Department of the Army announced the signing of a proposed rule to revise the definition of Waters of the United States

Regulatory Program Notices

Below are regulatory announcements, in chronological order, which are both current and historical. Current announcements provide information regarding ongoing regulatory processes and happenings. Historical announcements remain posted, as long as they remain up-to-date and applicable, to provide the public with a transparent record of changes and improvements to our program.   Regulatory image of trees over a creek

Pre-Construction Notification (PCN) form for Nationwide Permit verification now available

Portland District
Published Nov. 4, 2019

ANNOUNCING THE RELEASE OF FORM ENG 6082 – NATIONWIDE PERMIT (NWP) PRE-CONSTRUCTION NOTIFICATION (PCN)

On January 6, 2017, the U.S. Army Corps of Engineers (Corps) published the notice in the Federal Register announcing the reissuance of all existing nationwide permits (NWPs), general conditions, and definitions with some modifications. The NWPs became effective on March 19, 2017, and will expire on March 18, 2022.

Certain NWPs require project proponents to notify Corps district engineers of their proposed activities prior to conducting the activities authorized by those NWPs, so that the district engineers can make case-specific determinations of NWP eligibility. The notification takes the form of a pre-construction notification (PCN). The purpose of a PCN is to give the district engineer an opportunity to review a proposed NWP activity to ensure that the proposed activity qualifies for NWP authorization.  In most cases, the district engineer has 45 days after receipt of a complete PCN to determine whether the proposed activity qualifies for NWP authorization or requires another form of Corps authorization.  More information on when an activity requires a PCN can be found in the Federal Register Notice:
www.govinfo.gov/content/pkg/FR-2017-01-06/pdf/2016-31355.pdf

Potential users of the NWPs should also check the Portland District’s website with the regional conditions for the NWPs, to determine if a PCN is required for a proposed activity.  Those regional conditions are available at: www.nwp.usace.army.mil/Missions/Regulatory/Nationwide.aspx, under the Nationwide permit module (“Regional permit conditions”).

To assist applicants in providing complete information needed for NWP PCNs, this PCN application form was created and approved by the Office of Management and Budget (OMB) in February 2019.  The use of this form is strongly encouraged to assist Corps districts with a streamlined evaluation of an applicant’s proposal.  Submitting a completed PCN form is expected to reduce requests for additional information requests and should reduce the amount of time it takes the district engineer to conclude his or her review. 

Instructions on how to complete the PCN application form and the PCN form can be found at:
www.publications.usace.army.mil/Portals/76/Eng_Form_6082_2019Oct.pdf (If you receive an error opening in your browser, right-click to save to your computer)