NWP 29: Residential Developments

Discharges of dredged or fill material into non-tidal waters of the United States for the construction or expansion of a single residence, a multiple unit residential development, or a residential subdivision. This NWP authorizes the construction of building foundations and building pads and attendant features that are necessary for the use of the residence or residential development.

Acreage limit

Permanent loss of waters of the United States authorised under NWP 29 cannot exceed 0.5 acres per single and complete project.

For residential subdivisions the aggregate total loss authorised cannot exceed 1/2-acre, including loss associated with development of individual subdivision lots.

Pre-construction notification: Always required

Every use of NWP 29 requires a pre-construction notification to the district engineer before work begins. There is no minimum-impact threshold that exempts a project from this requirement.

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.

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 29, 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.