The US Army Corps of Engineers (the Corps) has announced that it is requesting input from all interested parties by May 15, 2026, on ways to increase the efficiency of the nationwide permit program for consideration in future rulemakings.[1] This request comes only a day after the most recent set of the nationwide permits (NWPs) went into effect, resetting the expiration date of the NWPs to March 15, 2031.[2]
Nationwide Permit Program Background
Section 404 of the Clean Water Act (CWA) requires authorization from the Department of the Army (DA) for any discharges of dredged or fill material into waters of the United States.[3] Similarly, Section 10 of the Rivers and Harbors Act of 1899 (RHA), requires DA authorization for any construction of any structure in, under, or over any traditionally navigable water; the excavating from or depositing of material in navigable waters; or the accomplishment of any other work affecting the course, location, condition, or capacity of navigable waters.[4]
The Corps issues both individual permits and general permits under the CWA and RHA.[5] The Corps has long used its general permitting authority under the CWA to issue NWPs authorizing activities that are similar in nature and that will result in only minimal individual and cumulative adverse environmental effects.[6] The Corps also issues general permits under the RHA. In doing so, the Corps streamlines the permitting process for identified categories of activities. In some instances, NWPs allow project proponents to proceed with authorized activities with no reporting obligations to the Corps, as long as NWP conditions are followed. In other instances, NWPs may require pre-construction notifications (PCNs) to the Corps before initiating authorized activities so that the Corps can assess whether the project satisfies NWP conditions.[7] In either case, NWPs typically “provide applicants a streamlined process to obtain DA authorization in exchange for avoiding and minimizing impacts to jurisdictional aquatic resources.”[8]
Information Requested by the Corps
As was done earlier this year, the Corps must reassess and reissue the NWPs every five years.[9] The rulemaking process creates opportunities for public participation, generally on a five-year schedule. However, the Corps issued a request for input on March 16, 2026, noting that “[t]he Corps will consider this input in future rulemaking related to the nationwide permits” which “may occur before the 2026 NWPs expire on March 15, 2031.”[10] The Corps states that “[w]ritten input on all aspects of the NWP program is welcome,” but nevertheless, poses the following questions for stakeholder input:[11]
- What measures should the Corps consider that would eliminate unnecessary review over jurisdictional activities that do not require heightened scrutiny? For instance, are there any PCN requirements, NWP impact limits, or general conditions that should be modified or should remain unchanged?
- What measures should the Corps consider that would improve or maintain efficiency in the review of preconstruction notifications or issuance of NWP verifications? For instance, are there any requirements for agency coordination of a PCN, contents of a complete PCN, or verification compliance with applicable federal procedural laws and implementing regulations that should be modified or remain unchanged?
- What categories of activities that are similar in nature should the Corps consider for establishing new NWPs?
- What measures should the Corps consider to ensure that discharges of dredged or fill material into waters of the United States would cause no more than minimal adverse environmental affects both individually and cumulatively? For instance, are there NWP terms, general conditions, or processes that should be modified or remain unchanged?
- What measures should the Corps consider to develop NWPs, terms, general conditions, or processes for the transportation and disposal of dredged material into ocean waters?
- What measures should the Corps consider to improve existing regulations regarding general permits or the implementation of the nationwide permit program? For instance, what changes should the Corps consider that would increase the efficiency of the Chief of Engineer’s decision-making process to reissue the NWPs?
The Corps may have decided to seek public comments that could feed into a revision of all or some of the 2026 NWPs to allow consideration of potential policy or stakeholder driven changes that could not be considered in a timely fashion before the five-year deadline. Despite robust comments on the draft NWPs (which were issued for public comment in June of 2025), very few changes were made from the 2021 version of the NWPs.
The Corps has set a 60-day comment period ending on May 15, 2026.
[1] See 91 Fed. Reg. 12591 (Mar. 16, 2026), Notice of Solicitation of Input on Potential Future Changes to Nationwide Permits.
[2] See 91 Fed. Reg. 768 (Jan. 8, 2026).
[3] 33 U.S.C. § 1344.
[4] 33 U.S.C. § 403.
[5] See 33 U.S.C. § 1344(e); 33 U.S.C. § 403.
[6] NWPs were first issued by the Corps in 1977 under both the CWA and RHA. See 42 Fed. Reg. 37122; 42 Fed. Reg. 37140.
[7] See 33 C.F.R. § 330.1(e).
[8] 91 Fed. Reg. at 12591.
[9] 33 U.S.C. § 1344(e)(2).
[10] 91 Fed. Reg. at 12591, 12592.
[11] 91 Fed. Reg. at 12593.
