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Modified Regional Conditions for the 2021 Nationwide Permits in Jacksonville District

Department of the Army, Corps of Engineers
Published July 15, 2025

On February 25, 2022, Jacksonville District published the final regional conditions for the 2021 Nationwide Permits (NWPs). Jacksonville District has modified the regional conditions by removing regional condition 8 and modifying regional condition E.1.a.-b.

Regional condition 8. (Florida Keys) required pre-construction notification (PCN) for all activities in the Florida Keys and required prospective permittees to submit a certification from the Florida Keys National Marine Sanctuary (Sanctuary) prior to verification by the Jacksonville District for any activities in the Sanctuary. Jacksonville District reevaluated this regional condition and determined that regional condition 8 should be removed. First, the requirement for PCN is duplicative of NWP general conditions 18, 20 and 22, which collectively result in a PCN being required for most activities in the Florida Keys. Second, the Corps determined that regional condition 8 was unnecessary as certifications from the Sanctuary fall into the category of other authorizations required by law. 33. C.F.R. § 330.4 (b)(2). Consistent with 33. C.F.R. § 330.4 (b)(2), the verification of a NWP does not obviate the need of permittees to obtain a certification from the Sanctuary for activities that will be implemented in the Sanctuary, along with any other legally required federal, state, or local permits, approvals, or authorizations. However, it is unnecessary for the Corps to refrain from issuing NWP verifications until after a Sanctuary certification is provided. Instead, for activities to be conducted in the Sanctuary, permittees are independently responsible for acquiring any required certification from the Sanctuary, which may occur after the issuance of a NWP verification. The removal of this regional condition applies to all NWP activities in the Florida Keys.

Jacksonville District modified regional condition E.1.a.-b. to reflect the modified general water quality certification (WQC) for the 2021 NWPs provided by the Florida Department of Environmental Protection on November 26, 2024. The modified general WQC includes a modified condition. The modified condition removes problematic language that prevented the Corps from relying on the original WQC for many of the 2021 NWPs.

Modified regional condition E.1.a.-b. applies to NWPs 1-7, 9-20, 22-25, 27-46, 48, 49, 51, and 53-59. The 2021 NWPs will expire on 14 March 2026. The modified regional conditions for the 2021 NWPs are enclosed.

Complete information regarding the 2021 NWPs is located on the Jacksonville District Source Book page under “Nationwide Permits” (https://www.saj.usace.army.mil/Missions/Regulatory/Source-Book/).

QUESTIONS concerning this public notice should be directed to Jessica Cordwell by email at Jessica.L.Cordwell@usace.army.mil, or by telephone at 813-233-6877.

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