The Environment Agency has updated its guidance on the U1 waste exemption to include using suitable waste to maintain existing linear networks, including roads, rivers, canals and railways. The guidance was last updated on 22 July 2026 and the update added information for maintaining linear networks in Tables 6 to 9.
The guidance states that businesses such as farmers, builders, engineers and others can register a U1 exemption to use suitable waste for construction projects and maintenance work, provided the activity complies with the exemption conditions.
What is a U1 waste exemption?
A U1 exemption allows you to use suitable waste for construction projects and maintenance work without needing an environmental permit, provided the conditions of the exemption are complied with.
Typical activities include:
- Construction and engineering projects
- Drainage works
- Building tracks, paths and bridleways
- Road construction
- Certain site improvement works
The exemption is generally valid for three years following registration and is subject to strict controls regarding the types and quantities of waste that may be used.
What changed on 22 July 2026?
On 22 July 2026, information was added to the guidance about maintaining linear networks in Tables 6 to 9.
The guidance describes a linear network as a long stretch of land or water, such as a road, river, canal or railway track.
New waste allowances for linear network maintenance
The revised guidance introduces four new tables (see Tables 6 to 9 inclusive in the guidance) setting out permitted waste types and quantities for maintenance activities along linear networks.
General maintenance activities
Under the new provisions, operators can use up to 500 tonnes of specified waste per linear mile, per year when carrying out maintenance or repairs to an existing linear network. Permitted materials include concrete, bricks, tiles, gravel, crushed rock, aggregates, ballast and certain dredging spoil.
Soil and stone materials
The guidance also allows the use of up to 100 tonnes per linear mile, per year of specified soil and stone waste streams for maintenance purposes.
Tracks, paths and bridleways
For the maintenance of tracks, paths, bridleways and similar infrastructure, operators may use up to 100 tonnes per linear mile, per year of specified chipped waste materials, including certain wood and plant-based wastes.
Existing roads
Perhaps the most significant allowance is for road maintenance. The updated guidance permits the use of up to 5,000 tonnes per linear mile, per year of specified road construction materials, including certain bituminous mixtures and road sub-base materials, for the maintenance of existing roads.
Why is this update important?
The update provides much-needed clarity for organisations responsible for maintaining extensive infrastructure networks.
Previously, businesses often faced uncertainty when applying site-based U1 exemption rules to long stretches of infrastructure that have no obvious single location or postal address. The new guidance expressly recognises the unique nature of linear assets and provides specific waste limits and registration arrangements tailored to those activities.
Registration requirements remain important
The Environment Agency has also provided specific registration guidance for linear network activities.
Businesses registering a U1 exemption for linear works must provide either:
- Grid references for the start and end points of the activity area
- Maps or plans identifying the relevant working areas
In certain circumstances where a new construction project is proposed on a linear site already covered by a U1 exemption, operators must contact the Environment Agency directly to discuss registration requirements.
Conditions of the exemption must still be met
The update does not remove the need to comply with the broader requirements of the U1 exemption.
Operators must still ensure that:
- Only approved waste types are used
- Waste quantities remain within the permitted limits
- Materials are suitable for the intended engineering purpose
- Engineering standards are satisfied
- Waste is not contaminated with pollutants such as asbestos, hydrocarbons, oils, fuels or plastics
You will need an environmental permit or another exemption if you want to use waste not listed in the U1 exemption or use more waste than is allowed for each activity.
What should operators do now?
Contractors, infrastructure operators and developers working across road, rail, drainage and utility networks should review the updated guidance carefully to determine whether their projects may benefit from the new exemptions.
Particular attention should be given to:
- Waste classification
- Waste quantity calculations
- Registration requirements
- Site-specific environmental constraints
- The interaction between waste exemptions, planning requirements and environmental permitting obligations
Failure to comply with waste exemption conditions may result in regulatory enforcement action and potential criminal liability.
How Dyne Solicitors can help
At Dyne Solicitors Limited, we advise businesses, developers, landowners, infrastructure operators and waste management companies on environmental compliance, waste exemptions, permitting requirements and Environment Agency enforcement action.
If you require advice on the U1 exemption, waste recovery activities, environmental permitting or regulatory investigations, our specialist environmental law team can help.
For expert environmental law advice, contact Dyne Solicitors Limited today.