Nationwide Permits for Minor Projects
Nationwide permits (NWPs) are general permits issued by the Corps of Engineers on a nationwide basis to authorize minor activities with little delay or paperwork. These NWPs are issued for a category of activities when those activities are similar in nature. The NWPs help protect the aquatic environment and the public interest by providing incentives to reduce impacts on jurisdictional waters and wetlands while effectively authorizing activities that have no more than minimal individual and cumulative adverse environmental effects. State Water Quality Certification pursuant to Section 401 of the Clean Water Act, or waiver thereof, is required prior to issuance or reissuance of the nationwide permits which may result in a discharge into waters of the United States. A determination that the NWPs are consistent with the South Carolina Coastal Zone Management Program is also required prior to issuance or reissuance of the nationwide permits.
2026 Nationwide Permits Reissuance
On June 18, 2025, the U.S. Army Corps of Engineers (Corps) issued a proposed rule in the Federal Register that announced the reissuance of 56 existing NWPs and the proposal to issue one new NWP. One NWP is not proposed for reissuance.
On January 8, 2026, the Corps published a final rule in the Federal Register. In that notice, the Charleston District denied the Section 401 Water Quality Certification (401 Certification) for NWPs 12, 14, 23, 29, 39, 44, 46, 57 and 58 as well as the Coastal Zone Consistency (CZC) for NWPs 14, 29, 39, 42, and 51.
On March 24, 2026, the Department issued a Department Decision for a General State Certification to address the denied NWP. The General State Certification will streamline the certification process for projects that meet the general and special conditions outlined in the certification below.
• SCDES’s General State Certification for Nationwide Permits
• Water Quality Certification Status List
• Instructions for initiating the 401 Certification process