Regulatory News

6 August 2025: USACE Enhances Aquatic Resource Delineation Reporting with New Resources
USACE HQ Regulatory 
Published August 1, 2025
 

The U.S. Army Corps of Engineers (USACE) Regulatory Program is pleased to announce the availability of new resources designed to enhance consistency of aquatic resource delineation reports (ARDRs) and facilitate more efficient and more timely USACE reviews.

These resources include:

These resources are intended to promote national consistency and accuracy in documenting aquatic resource delineations, which are critical for assessing project impacts, determining appropriate levels of review, and evaluating compensatory mitigation requirements.

While the use of these resources is encouraged to ensure complete and verifiable ARDRs, they are not mandatory. USACE believes these tools will be valuable in supporting accurate and consistent aquatic resource delineations.

The documents are available on the USACE Regulatory Program's Technical and Biological Resources page, in the Wetlands Delineation and Classification section: https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/techbio/

16 June 2025: USACE Announces Proposal to Renew and Revise Nationwide Permits
USACE HQ Public Affairs Office
Published June 16, 2025

The U.S. Army Corps of Engineers (USACE) announced today that it has prepared its proposal to renew and revise 56 of 57 existing nationwide permits for work in wetlands and other waters that are regulated by Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. USACE will propose not to reissue one nationwide permit authorizing activities associated with finfish mariculture.

USACE will also propose to issue one new nationwide permit that pertains to authorizing activities to facilitate fish passage. 

A prepublication copy of the proposal has been posted on the USACE website at: https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/National-Notices-and-Program-Initiatives/ 

The proposal is scheduled to be published in the Federal Register by the end of June and will be announced in a separate news release. The public comment period will not begin until the proposal is published in the Federal Register. The news release and Federal Register Notice will provide information on how public comments should be submitted.

The nationwide permits authorize activities that are similar in nature and cause only minimal adverse environmental impacts to aquatic resources separately or on a cumulative basis. Activities range from work associated with aids to navigation and utility lines to residential developments and maintenance activities.

Following the public comment period, USACE will review the comments received and prepare final nationwide permits that will replace the current set. Sixteen of the current nationwide permits went into effect March 15, 2021, and 41 went into effect Feb. 25, 2022. All the current nationwide permits are set to expire March 14, 2026.

Additional information about the USACE Regulatory Program can be found at: https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/.