The U.S. Army Corps of Engineers’ proposed new Nationwide Permits (NWPs) are out for review; the public comment period closes July 18, 2025. These proposed permits – which include a new one for fish/aquatic organism passage improvements and clarifications and reauthorization for the remaining 56 – are scheduled to take effect in March 2026. Wetland Studies and Solutions, Inc. (WSSI) has reviewed the proposed 2026 NWPs and provides a summary below.
What are Nationwide Permits?
Nationwide Permits (NWPs) authorize categories of activities that have no more than minimal impacts to wetlands and other waters of the United States (WOTUS). Common activities authorized include linear transportation projects; linear utility projects; streambank stabilization; and aquatic resource restoration, enhancement, and maintenance; and impacts to small areas of aquatic resources for development projects.
The Corps published its Proposal to Reissue and Modify NWPs in the Federal Register on June 18, 2025, and is accepting comments on the proposed 2026 NWPs until July 18, 2025. The proposal includes clarification and reauthorization of 56 existing NWPs, and issuance of a new NWP that would authorize activities to improve fish and other aquatic organism passage. The Corps is proposing to not reauthorize NWP 56 for structures in marine and estuarine waters for finfish mariculture activities.
What About the Current NWPs?
The proposed NWPs are slated to replace the NWPs authorized in 2021 and 2022 and expiring on March 14, 2026. An entity who possesses a NWP verification or undertakes an activity authorized by a NWP and has work ongoing or under contract before expiration may continue their project for up to 12 months after the NWP expires.
Newly Proposed NWP
A new NWP, Activities to Improve Passage of Fish and Other Aquatic Organisms, is proposed to authorize structures and work in navigable WOTUS and discharges of dredged or fill material into up to 1-acre of WOTUS for activities that restore or enhance the passage of fish and other aquatic organisms through river and stream networks as well as other types of waters.
Existing NWPs: Some Proposed Modifications and Clarifications
No modifications are proposed for these commonly used NWPs:
- NWP 3: Maintenance
- NWP 12: Oil or Natural Gas Pipeline Activities
- NWP 18: Minor Discharges
- NWP 57: Electric Utility Line and Telecommunications Activities
- NWP 58: Utility Line Activities for Water and Other Substances
These NWPs have proposed modifications:
NWP 13. Bank Stabilization Activities. The Corps is proposing to add a new Note to encourage project proponents to use soft bank stabilization approaches and nature-based solutions where appropriate to reduce the potential individual and cumulative adverse environmental effects that may be caused by bank stabilization activities.
NWP 27. Aquatic Ecosystem Restoration, Enhancement, and Establishment Activities. This NWP authorizes discharges of dredged or fill material into WOTUS and structures and work in navigable WOTUS for the restoration, enhancement, and establishment of aquatic ecosystems, provided those activities result in net gains in aquatic resource functions and services.
The Corps is proposing this NWP focus on construction, maintenance, or expansion of nature-based solutions that resemble ecological references for voluntary ecological and stream restoration activities, third party mitigation provider activities, and permittee responsible advanced mitigation activities. Use of artificial, engineered features would be prohibited. For example, the new NWP 27 would be used to authorize the removal of culverts and other obstructions from waters and wetlands, but not for replacement of existing culverts or structures with new culverts because culverts and similar structures do not resemble nature based ecological references.
NWP 43. Stormwater Management Facilities. The Corps is proposing to include the following examples of nature-based solutions for stormwater management and pollution abatement that can be authorized by this NWP if the activities discharge dredged or fill material into non-tidal waters of the United States: stream biofilters, bioretention ponds or swales, rain gardens, vegetated filter strips, vegetated swales (bioswales), constructed wetlands, infiltration trenches, and regenerative stormwater conveyances. Other nature-based solutions and other features that are conducted to meet pollutant reduction targets set under the Clean Water Act may also be authorized by this NWP.
What’s Next?
Issuance of updated NWPs starts processes with Corps district offices, states, territories, and federally recognized tribes. WSSI will monitor these processes and keep you updated in Field Notes and through our social media channels.
Regional Conditions
Because the NWPs are written to address the entire U.S., the Corps district offices develop Regional Conditions that address local environmental concerns and conditions. Those Regional Conditions may suspend or revoke NWPs that are addressed under other general permits (for example, this is the case in Virginia, where the State Programmatic General Permit replaced NWPs 14 and 39). WSSI anticipates the Corps District offices will publish the draft Regional Conditions for public comment soon after the NWPs are published in the Federal Register.
Water Quality Certifications
The Corps will submit requests for water quality certification for these NWPs to the certifying authorities, including states and authorized tribes. The certifying authorities will have six months to grant (with or without conditions), deny, or waive Water Quality Certification for the proposed NWPs.
Coastal Zone Management Consistency Certifications
The Corps will send letters to the respective state agencies responsible for managing their coastal zones for concurrence on the Corps consistency determination. The state agency will have at least 60 days to review the Corps district’s consistency determination unless the state agency and Corps agree to an alternative notification schedule.
Public Comment
The Corps is accepting comments from the public on or before July 18, 2025, and requires all comments be identified by docket number COE-2025-0002 and/or RIN 0710-AB56.
- Federal eRulemaking Portal: http://www.regulations.gov
- Email: [email protected], and include the docket number in the subject line of the message
- Mail: S. Army Corps of Engineers, Attn: CECW-CO-R, 441 G Street NW, Washington, DC 20314-1000
Questions?
WSSI will continue to monitor the NWP rulemaking process and how the changes can impact projects, and will keep you updated in Field Notes. If you have questions about this proposed action, please contact your project manager or the staff listed below.
Resources:
- “Proposal to Reissue and Modify Nationwide Permits,” Federal Register, Vol. 90, No. 116, June 18, 2025.