Agency or authority
What this permitting pathway provides
A more efficient way to acquire Section 10 Rivers and Harbors Act and Section 404 Clean Water Act permits than to apply for a Standard Permit.
This NWP was reissued on March 15, 2026. See all Nationwide Permits, the 2026 NWP Final Action Summary Chart, 2026 NWP Final Action Fact Sheet, Biological Assessment for the 2026 NWPs and more on the Army Corps Headquarters Nationwide Permits web page. No changes were made to this NWP.
Applicable locations
Nationwide
Permit documents
- 2026 Nationwide Permits, Conditions, Further Information, and Definitions
- Decision Document - Nationwide Permit 53
- 2026 Regional Conditions for California
Expires on
March 14, 2031
How to apply
Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity. (See general condition 32 starting on page 58 of Nationwide Permits, Conditions, District Engineers Decision, Further Information, and Definitions).
May be used with:
- USACE Nationwide Permit 27 – Aquatic Ecosystem Restoration, Enhancement, and Establishment Activities
- CDFW Habitat Restoration and Enhancement Act (HREA)
- CDFW Restoration Consistency Determination (CD)
- CDFW Restoration Management Permit (RMP)
- Central Coast NMFS Programmatic Biological Opinion (PBO)
- Central Valley NMFS Programmatic Biological Opinion (PBO)
- CEQA Categorical Exemption 15333 – Small Habitat Restoration Projects
- CEQA Programmatic EIR for the State Water Resources Control Board Statewide Restoration General Order (SRGO PEIR)
- CEQA Statutory Exemption for Restoration Projects (SERP) – CDFW
- North and Central Coast Federal Consistency Determination (CD) – Coastal Commission and NOAA Restoration Center
- North Coast NMFS Programmatic Biological Opinion (PBO)
- USFWS Statewide Restoration Programmatic Biological Opinion (PBO)
- Water Board Order for Small Habitat Restoration Projects
- Water Board Statewide Restoration General Order (SRGO)
- South Coast NMFS Programmatic Biological Opinion (PBO)
Activities covered
Structures and work in navigable waters of the United States and discharges of dredged or fill material into waters of the United States associated with the removal of low-head dams.
For the purposes of this NWP, the term “low-head dam” is generally defined as a dam or weir built across a stream to pass flows from upstream over all, or nearly all, of the width of the dam crest and does not have a separate spillway or spillway gates, but it may have an uncontrolled spillway. The dam crest is the top of the dam from left abutment to right abutment. A low-head dam may have been built for a range of purposes (e.g., check dam, mill dam, irrigation, water supply, recreation, hydroelectric, or cooling pond), but in all cases, it provides little or no storage function.
The removed low-head dam structure must be deposited and retained in an area that has no waters of the United States unless otherwise specifically approved by the district engineer under separate authorization.
Because the removal of the low-head dam will result in a net increase in ecological functions and services provided by the stream, as a general rule compensatory mitigation is not required for activities authorized by this NWP. However, the district engineer may determine for a particular low-head dam removal activity that compensatory mitigation is necessary to ensure that the authorized activity results in no more than minimal adverse environmental effects.
Exclusions
Note: This NWP does not authorize discharges of dredged or fill material into waters of the United States or structures or work in navigable waters to restore the stream in the vicinity of the low-head dam, including the former impoundment area. Nationwide permit 27 or other Department of the Army permits may authorize such activities. This NWP does not authorize discharges of dredged or fill material into waters of the United States or structures or work in navigable waters to stabilize stream banks. Bank stabilization activities may be authorized by NWP 13 – Bank Stabilization or other Department of the Army permits.