126.96.36.199 Management Practices. The best management practices for nationwide permit
must be followed to the maximum extent practicable for both the nation wide permits in
certain waters and nationwide permits for specific activities.
a) Discharges of dredge or fill material into waters of the States should
be avoided or minimized through the use of other practical alternatives.
b) Discharges of dredge or fill material in spawning areas during spawning
seasons should be avoided.
c) Discharges of dredge or fill material should not restrict or impede the
movement of indigenous aquatic species or the passage of normal or expected high flows,
or cause the relocation of water (unless that is the primary purpose of the activity).
d) If the activity creates an impoundment, adverse impacts on the aquatic
system caused by the accelerated passage of water and/or the restriction of its flow
should be minimized.
Discharges of dredge or fill material in wetlands area should be
Heavy equipment working in wetlands should be placed
g) Discharges of dredge or fill material into breeding areas for migratory
waterfowl should be avoided.
All temporary fills should be removed in their entirety.
Regional Permits. Each Division Engineer is authorized to issue general
permits for activities within his jurisdiction (i.e., regional permits) which meet the
environmental impact), but which cannot qualify for any promulgated nationwide permit
category. The Division Engineer is also authorized to issue regional permits modifying
any nationwide permit category by adding conditions applicable to certain activities or
specific geographic areas within his division. As with nationwide permits, the
Division Engineer can revoke a regional permit and require an individual permit for any