401 Water Quality Certification (WQC) of the 2026 U.S. Army Corps of Engineers Nationwide Permits (NWPs)
In 2026, the U.S. Army Corps of Engineers (USACE) issued Nationwide Permits (NWPs), which took effect on March 15, 2026. The NWPs are subject to General Conditions. The NWPs are subject to additional Regional Conditions that are applicable for all New England States and additional State-Specific Regional Conditions that are applicable only in Massachusetts. These Nationwide Permits, General Conditions and additional conditions were issued by the USACE New England District and are available at the link below.
MassDEP’s Clean Water Act Section 401 Water Quality Certification (WQC) of the USACE 2026 NWPs dated December 17, 2025 also took effect on March 15, 2026.
In accordance with 314 CMR 9.00, this MassDEP 2026 WQC provides certification for certain NWP-authorized projects and requires an individual WQC for all other NWP-authorized projects. Note that some NWP-authorized projects do not require notification of the USACE but may still require application to MassDEP for an individual WQC. It is important to carefully review the MassDEP 2026 WQC, including the conditions, to determine eligibility.
Additionally, certain Massachusetts Regional General Permits (MA RGPs) will continue to be available for use until the USACE 2023 MA RGP's expire. Please read on for additional information.
401 Water Quality Certification of the 2023 U.S. Army Corps of Engineers Massachusetts Regional General Permits (RGPs)
In 2023, the USACE New England District issued a set of Massachusetts Regional General Permits (USACE 2023 MA RGPs) that took effect on June 2, 2023.
MassDEP’s Clean Water Act Section 401 Water Quality Certification (MassDEP 2023 WQC) of the USACE 2023 MA RGPs (dated April 21, 2023) also took effect on June 2, 2023.
In accordance with 314 CMR 9.00, this MassDEP 2023 WQC provides certification for certain USACE 2023 MA RGP-authorized projects and requires an individual WQC for all other GP-authorized projects. All projects authorized under one or more USACE 2023 MA RGPs and under the MassDEP 2023 WQC or pursuant to an individual WQC shall remain authorized until the expiration date for those MA RGPs (June 1, 2028, or one year from that date of expiration if work has commenced or is under contract to commence). It is MassDEP’s understanding that, as of the NWP effective date of March 15, 2026, only a subset of the USACE 2023 MA RGPs remain available for new authorizations:
- GP 3: Moorings
- GP 4: Structures in Navigable Waters of the U.S.
- GP 5: Boat Ramps and Marine Railways
- GP 6: Utility Lines, Oil or Natural Gas Pipelines, Outfall or Intake Structures and Appurtenant Features (tailored to utility lines, specific to MassDOT and Eversource)
- GP 7: Dredging, Disposal of Dredged Material, Beach Nourishment, Rock Removal and Rock Relocation
- GP 10: Aquatic Habitat Restoration, Enhancement, and Establishment Activities (for dam removals)
- GP 22: Reshaping Existing Drainage Ditches, Construction of New Ditches, and Mosquito Management
New authorizations under one of these RGPs must be eligible under the 2023 MassDEP WQC or obtain an individual WQC. An applicant seeking clarification on whether they should seek coverage under the NWPs or the RGPs should contact the USACE New England District.