2026 Nationwide Permits Final Regional Conditions

Omaha District State of Wyoming

The following Nationwide Permit (NWP) regional conditions will be used in the State of Wyoming. The issuance of the 2026 NWPs was announced in the June 18, 2025, publication of the Federal Register (90 FR 26100); the final action was published in the Federal Register (91 FR 768) on January 8, 2026. Regional conditions are placed on NWPs to ensure projects result in no more than minimal adverse impacts to the aquatic environment and to address local resources concerns.

A. PRECONSTRUCTION NOTIFICATION REQUIREMENTS APPLICABLE TO ALL NWPs

For all NWPs, permittees must notify the Corps in accordance with General Condition 32 Preconstruction Notification (PCN) requirements for regulated activities located within or comprised of the following:

1. Aquatic Resources of Special Concern:

Aquatic resources of special concern are resources that are difficult to replace, unique, and/or have high ecological function. PCN required for any regulated activity located in aquatic resources of special concern that fall into the categories listed below. The District Engineer may authorize activities under NWPs only after determining that the impacts to the following aquatic resources of special concern will be no more than minimal:

a. Wetlands classified as peatlands: For purposes of this condition, peatlands are permanently or seasonally waterlogged areas with a surface accumulation of peat (organic matter) 30 centimeters (12 inches) or more thick. Under cool, anaerobic, and acidic conditions, the rate of organic matter accumulation exceeds organic decay. Any peat-covered areas, including fens, bogs, and muskegs, are all peatlands.

b. Natural Springs: Within 100 feet of the water source in natural spring areas. For the purpose of this condition, a spring water source is defined as any location where there is flow emanating from a distinct point at any time during the growing season. Springs do not include seeps and other groundwater discharge areas where there is no distinct point source of waters. Springs do not include drain tile outlets.

2. Tribal Reservations and Tribal Trust Lands:

PCN required for any regulated activity located within Tribal Reservations and Tribal Trust Lands. The following link provides a map showing Tribal Reservations and Tribal Trust Lands:

https://onemap-bia-geospatial.hub.arcgis.com/apps/718497a94a15450d8d48b51625dc330f/explore

B. CONSTRUCTION PRACTICES:

1. Suitable Material:

Permittees are reminded of General Condition No. 6 which prohibits use of unsuitable material.

A list of materials prohibited or restricted as fill material in waters of the United States within the Omaha District can be found at:

http://www.nwo.usace.army.mil/Media/FactSheets/FactSheetArticleView/tabid/2034/Article/12 320/ prohibited-restricted-materials.aspx https://onemap-bia-geospatial.hub.arcgis.com/apps/718497a94a15450d8d48b51625dc330f/explore https://onemap-bia-geospatial.hub.arcgis.com/apps/718497a94a15450d8d48b51625dc330f/explore http://www.nwo.usace.army.mil/Media/FactSheets/FactSheetArticleView/tabid/2034/Article/12320/prohibited-restricted-materials.aspx http://www.nwo.usace.army.mil/Media/FactSheets/FactSheetArticleView/tabid/2034/Article/12320/prohibited-restricted-materials.aspx http://www.nwo.usace.army.mil/Media/FactSheets/FactSheetArticleView/tabid/2034/Article/12320/prohibited-restricted-materials.aspx

2026 Nationwide Permits Final Regional Conditions

Omaha District State of Wyoming

2. Revegetation of Disturbed Areas:

All jurisdictional waters disturbed by construction shall be revegetated with appropriate perennial, native grasses and forbs and maintained in this condition. Seed mixes shall not include invasive or noxious species. The following link provides information and resources on invasive species: https://www.invasivespeciesinfo.gov/us

3. Culvert Countersinking:

For all NWPs in streams with relatively permanent flow and a stable stream bed, culvert stream crossings shall be installed with the bottom of the culvert set below the natural stream channel flow line. This regional condition does not apply in instances where the lowering of the bottom of the culvert would allow a headcut to migrate upstream of the project into an unaffected stream reach or result in lowering the elevation of the stream reach.

a. The stream's flow line (or the main path of the water) will be determined by calculating the average elevation along the streambed during periods when the stream is at its lowest flow levels.

b. The slope of the culvert should be parallel to the slope of the stream flow line.

c. Riprap inlet and outlet protection shall be placed to match the height of the bottom of the culvert.

4. Spawning Areas:

Spawning areas are designated sites in streams where mature fish congregate to spawn. To reduce impacts to spawning areas, project proponents should coordinate with the appropriate Wyoming Game and Fish Department (WGFD) Regional Fisheries Supervisor prior to submitting a pre-construction notification for projects in streams containing fish. If early coordination with the WGFD is completed, please include any recommended best management practices with your pre-construction notification. To determine if fish are present at your project location and obtain contact information for the appropriate Fisheries Supervisor, please reference the Wyoming Fishing Guide at:

https://experience.arcgis.com/experience/313c464a64284328aec793be217dfc9c.

https://www.invasivespeciesinfo.gov/us https://experience.arcgis.com/experience/313c464a64284328aec793be217dfc9c