Economic Analysis for 2012 Nationwide Permits 

SUMMARY: 

NWPs cost less than standard permits, and the 2012 NWPs will result in more activities 

qualifying for NWP authorization. There are only four 2012 NWPs that are considered to be 

substantial changes to the NWP Program: NWPs 21, 48, 51, and 52. Only NWP 21 is expected 

to result in increased costs to permit applicants and the Corps. The remaining NWPs are 

expected to result in little or no change from the 2007 NWPs. NWPs 48, 51, and 52 will result in 

decreased costs to permit applicants and the Corps because they provide NWP authorization for a 

number of activities that previously required standard permits. Therefore, even with the 

increased costs predicted because of the changes to NWP 21, there are no “significant economic 

costs” associated with the 2012 NWPs. 

ANALYSIS: 

 Nationwide permits (NWPs) help relieve regulatory burdens on applicants who need to 

obtain Department of the Army (DA) permits; an expedited form of authorization, as long 

as the project proponent meets all terms and conditions of the NWPs. 

 In FY 2010, the Corps issued approximately 32,200 NWP verifications, with an average 

processing time of 32 days. 

 In FY 2010, the Corps issued approximately 2,100 standard permits, with an average 

processing time of 221 days. 

 The 2012 NWPs are expected to result in a slight increase in the number of activities 

potentially qualifying for NWP authorization, allowing for more activities having shorter 

processing times. 

 NWPs do not require a public notice, or a site-specific 404(b)(1) guidelines analysis, and 

NWPs encourage applicants to use low-cost, common sense practices in project design to 

avoid and minimize impacts in order to qualify for NWP authorization instead of 

applying for standards permits which take longer to obtain. 

 The reauthorization of the NWPs is essentially a rollover of the existing NWPs, with little 

change from the 2007 NWPs. Therefore, the 2012 NWPs will have no “significant 

economic impacts.” 

 Forty-six of the 48 existing NWPs proposed for reissuance in 2012 have no or minor 

changes. 

 Two of the 48 NWPs (NWPs 21 and 48) proposed for reissuance have substantial 

changes. 

 One of the 49 existing NWPs (NWP 47) was not proposed for reissuance, because the 

reporting system developed for its use was not completed. 

 Two new NWPs (NWPs 51 and 52) are being issued to authorize land-based and waterbased renewable energy generation facilities. Some of these activities required individual 

permits because there were no applicable NWPs available. 

 The costs for obtaining coverage under an NWP are low compared to the standard permit. 

The costs for permit applicants range from $13,100 to $22,079 for an NWP and $31,400 

to $57,180 for a standard individual permit (Table 1). The administrative costs for the 
Corps range from $1,800 to $3,275 for an NWP and $4,400 to $22,240 for a standard 

permit (without Endangered Species Act or National Historic Preservation Act 

consultations) (Table 2). 

 NWP 21: Since June 2010, NWP 21 has been suspended in six states within the 

Appalachian region of the United States. Therefore, the highest-cost scenario is that the 

current practice in six-state Appalachia region will continue, which requires processing 

permit applications for these activities through the standard permit procedures. In other 

areas, the highest-cost scenario would be that none of the projects qualify for the 2012 

NWP 21 as they would exceed the 1/2-acre and 300 linear foot limits (unless a written 

waiver of the 300 linear foot limit is issued by the district engineer) , which would result 

in an increased costs to the Corps and permit applicants. 

 NWP 48: Approximately 40 standard individual permits were issued for aquaculture 

activities in FY 2011. These activities could potentially qualify for the 2012 NWP 48, 

which would result in reduced costs for both permit applicants and the Corps. 

 NWPs 51 and 52: These are new NWPs. There is some overlap between NWP 51 and 

some of the existing NWPs, so there may not be substantial changes in the numbers of 

land-based renewable energy projects authorized by NWP. A large majority of waterbased renewable energy generation pilot projects do not currently qualify for NWP 

authorization, so more activities that previously required individual permits may be 

authorized by NWP. The two new NWPs will result in a reduction in cost for both permit 

applicants and the Corps. 

TABLE 1: Total Nationwide Estimated Annual Cost for Permit Applicants 

Nationwide Permit Prediction of Highest 

Cost Scenario Cost Differential Comments 

NWP 21 Increased cost Cost of $702,000 in the 

rest of the country outside 

six-state Appalachian 

region 

All NWP 21 activities 

currently require standard 

permits in six-state 

Appalachian region, so no 

change would be expected. 

Greater costs in the rest of the 

country if they exceed the 1/2-

acre or 300 linear foot limits 

and did not receive a waiver of 

300 linear foot limit. 

NWP 48 Decreased cost Savings of $1,404,000 New aquaculture activities are 

primarily currently processed 

as standard permits and may 

now qualify for NWP 48. 

NWPs 51 and 52 Decreased cost Savings of $351,000 Many NWP 51 activities 

processed under other NWPs; 

those that do not may qualify 

for NWP 51 and will no 

longer require standard 

permits. Most NWP 52 

activities previously required 

standard permits. 
TABLE 2: Total Nationwide Estimated Annual Cost for the Corps 

Nationwide Permit Prediction of Highest 

Cost Scenario Cost Differential Comments 

NWP 21 Increased cost Cost of $379,000 in the 

rest of the country outside 

the six-state Appalachian 

region 

All NWP 21 activities currently 

require standard permits in the 

six-state Appalachian region, so 

no change would be expected. 

Cost in the rest of the country if 

they exceed the 1/2-acre or 300 

linear foot limits and did not 

receive a waiver of the 300 linear 

foot limit. 

NWP 48 Decreased cost Savings of $103,000 New aquaculture activities are 

primarily currently processed as 

standard permits and may now 

qualify for NWP 48. 

NWPs 51 and 52 Decreased cost Savings of $26,000 Many NWP 51 activities 

processed under other NWPs; 

those that do not may qualify for 

NWP 51 and will no longer 

require standard permits. Most 

NWP 52 activities previously 

required standard permits.