Bank and Shoreline
VerifiedNWP 13: Bank Stabilization
Bank stabilization activities necessary for erosion control or prevention, such as vegetative stabilization, bioengineering, sills, rip rap, revetment, gabion baskets, stream barbs, and bulkheads, or combinations of bank stabilization techniques, provided the activity meets all of the following criteria: (a) No material is placed in excess of the minimum needed for erosion protection; (b) The activity is no more than 500 feet in length along the bank, unless the district engineer waives this criterion by making a written determination concluding that the discharge of dredged or fill material will result in no more than minimal adverse environmental effects (an exception is for bulkheads--the district engineer cannot issue a waiver for a bulkhead that is greater than 1,000 feet in length along the bank); (c) The activity will not exceed an average of one cubic yard per running foot, as measured along the length of the treated bank, below the plane of the ordinary high water mark or the high tide line, unless the district engineer waives this criterion by making a written determination concluding that the discharge of dredged or fill material will result in no more than minimal adverse environmental effects; (d) The activity does not involve discharges of dredged or fill material into special aquatic sites, unless the district engineer waives this criterion by making a written determination concluding that the discharge of dredged or fill material will result in no more than minimal adverse environmental effects; (e) No material is of a type, or is placed in any location, or in any manner, that will impair surface water flow into or out of any waters of the United States; (f) No material is placed in a manner that will be eroded by normal or expected high flows (properly anchored native trees and treetops may be used in low energy areas); (g) Native plants appropriate for current site conditions, including salinity, must be used for bioengineering or vegetative bank stabilization; (h) The activity is not a stream channelization activity; and (i) The activity must be properly maintained, which may require repairing it after severe storms or erosion events.
Acreage limit
The 2026 rule states no acreage limit for NWP 13. Eligibility turns on the activity description in the rule text and the general conditions that apply, not on a numeric cap.
500-foot bank length limit is waivable by the district engineer; no waiver may be issued for a bulkhead greater than 1,000 feet in length along the bank.
Pre-construction notification: Conditional
PCN required if the activity: (1) involves discharges into special aquatic sites; (2) is in excess of 500 feet in length; or (3) involves discharge greater than an average of one cubic yard per running foot.
If a PCN is required, general condition 32 gives the district engineer 30 calendar days to determine whether it is complete, then up to 45 calendar days from receipt of the complete PCN to respond before the permittee may proceed. Those are two separate clocks, not one.
Linear feet limit
NWP 13 also carries a 500 linear foot limit, separate from the acreage limit above.
Source
- Federal Register citation
- 91 FR 768
- Effective date
- March 15, 2026
- Cited text
- 91 FR 768 - Reissuance and Modification of Nationwide Permits (final rule, 8 Jan 2026) Read the rule
What this page does not tell you
- District regional conditions. Any of the 38 USACE districts can narrow NWP 13, add a notification requirement beyond general condition 32, or revoke the permit entirely inside its boundaries. PermitBird holds no compiled regional conditions yet. Check the district.
- State Clean Water Act Section 401 certification. Each of the 54 states and territories must certify, condition, waive or deny use of this permit before it authorises a discharge there. PermitBird holds no compiled certification yet. Check the state.