NWP 16: Return Water From Upland Contained Disposal Areas

Return water from an upland contained dredged material disposal area. The return water from a contained disposal area is administratively defined as a discharge of dredged material by 33 CFR 323.2(d), even though the disposal itself occurs in an area that has no waters of the United States and does not require a section 404 permit.

Acreage limit

The 2026 rule states no acreage limit for NWP 16. Eligibility turns on the activity description in the rule text and the general conditions that apply, not on a numeric cap.

Pre-construction notification: Not required

NWP 16 carries no notification clause in the 2026 rule. Activities authorised solely under this permit do not need to file a PCN under general condition 32.

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 16, 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.