The U.S. Army Corps of Engineers published the Nationwide Permit Final Rule in the Federal Register on January 8, 2026, to modify and reissue 56 of the 57 Nationwide Permits (NWPs) slated to expire March 14 and issue one new NWP. These 57 NWPs will be effective on March 15, 2026 and have a five-year lifespan, expiring on March 15, 2031.
My Project Has a NWP Authorization. What Should I Do?
If your project is authorized under a NWP and is currently under construction, or is under contract to commence prior to March 14, 2026, your project qualifies for a one-year extension (until March 14, 2027) to complete the project under the existing authorization. All other NWP-eligible projects will require authorization under a new permit; Wetland Studies and Solutions, Inc. (WSSI) is prepared to help. All terms and conditions of the NWPs remain in effect during the grandfathered period. If these timelines are not met, you will need to submit a new permit application for authorization under the reissued NWPs.
Which NWPs Have Changed?
NWP 39 (Commercial and Institutional Developments) has been modified to clarify that data centers, pharmaceutical manufacturing facilities, and ‘‘storage facilities’’ are examples of commercial facilities authorized by this NWP. By naming these specific industries as an eligible project, the Corps can offer a streamlined permitting process that allows for projects with less than ½ acre of wetlands and waterways impact to avoid the lengthy Individual Permit application process. This does not allow data centers to bypass environmental regulations but instead reduces lead times and agency coordination. Note that NWP 39 is currently suspended in Virginia and Maryland, replaced by State Programmatic General Permits.
NWP 27 (Aquatic Habitat/Ecosystem Restoration, Enhancement, and Establishment Activities) has been modified to focus on improving ecological function of systems which align the permit with modern restoration science. The reporting provisions now provide more clarity for monitoring requirements and success criteria. The 2026 revision allows conversion of one aquatic resource to another (e.g., converting a stream to wetland) if the conversion produces valid ecological uplift.
NWP 13 (Bank Stabilization) has been modified to encourage the use of “soft” or “nature-based” solutions, such as utilizing vegetation to stabilize banks. Similarly, NWP 43 (Stormwater Management Facilities) has been modified to broaden the definition of nature-based solutions eligible for this permit (bioretention, bioswales, constructed wetlands, regenerative stormwater conveyances, etc.).
NWPs in Virginia and Maryland
We anticipate the Virginia Department of Environmental Quality (DEQ) will provide final 401 Water Quality Certification for the NWPs in the near future. Our October 2025 Field Notes article has more details.
In Maryland, most NWPs are suspended and replaced by the State Programmatic General Permit (MDSPGP-6), which is currently valid until September 30, 2026. The Public Comment period for proposed changes to the MDSPGP and the associated 401 Water Quality Certification and Coastal Zone Management Act is open until January 30, 2025. Currently, NWP 27 is valid for use in Maryland under the MDSPGP-6.
What’s Next?
We anticipate over the weeks leading up to the March 15 effective date we will see:
- U.S. Army Corps of Engineers District Offices publish their own regional conditions, which will provide additional guidance to how NWPs can be used within each district
- Virginia finalize its 401 Water Quality Certifications
WSSI Can Help
To discuss the implications for your projects – current or upcoming – please contact your WSSI project manager or one of the contacts below.
Resources
- “Reissuance and Modification of Nationwide Permits,” Federal Register, Vol. 91, No. 5, January 8, 2026
- Proposed 2026 Nationwide Permits Out for Public Comment (Field Notes, July 1, 2025)
- Virginia DEQ Seeks Public Comment on Tentative §401 Water Quality Certification for Nationwide Permits (Field Notes, October 9, 2025)