Statewide - Blanket Section 401 Water Quality Certification for Nationwide Permits

Notice of Written Public Comment Period for Blanket Section 401 Water Quality Certification for Nationwide Permits

The New York State Department of Environmental Conservation (DEC) is reviewing a request from the United States Army Corps of Engineers (Corps) for a Section 401 Water Quality Certification. The request pertains to the Corps proposal to reissue and modify its Clean Water Act Section 404 Nationwide Permits. Information about the Corps proposal and a link to the Federal Register Notice dated June 18, 2025 are available on the Corps website at: https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/Nationwide/Permits/ (leaves DEC website). DEC last issued its Section 401 Water Quality Certification decision for the Nationwide Permits on October 15, 2021, which is available on the DEC website at: https://dec.ny.gov/regulatory/permits-licenses/waterways-coastlines-wetlands.DEC is seeking comments on whether the certification decision should be modified in response to the Corps current proposal to reissue and modify the Nationwide Permits. Specifically, DEC is considering an expansion of the scope of certified activities and reducing the scope of activities denied blanket certification as follows (by adding NWPs 53 and A to list of NWPs granted blanket certification with conditions):

• NWPs where Blanket WQC is Not Needed (because the NWP is authorized only under Section 10 of the Rivers and Harbors Act): 1, 2, 8, 9, 10, 11, 24, 28, 35, and 55.
• NWPs where Blanket WQC would be Denied: 12, 16, 17, 21, 38, 44, 49, 50, 52, and 54
• NWPs where Blanket WQC would be Granted with Conditions: 3, 4, 5, 6, 7, 13, 14, 15, 18, 19, 20, 22, 23, 25, 27, 29, 30, 31, 32, 33, 34, 36, 37, 39, 40, 41, 42, 43, 45, 46, 48, 51, 53, 57, 58, 59, and A

Comments must be sent in writing to the comment person identified below by December 10, 2025.