Regulatory News

9 January 2026: U.S. Army Corps of Engineers announces publication of 2026 nationwide permits
USACE HQ Regulatory
Published January 8, 2026
 
The U.S. Army Corps of Engineers announced today the publication of the 2026 nationwide permits in the Federal Register. The 56 reissued and one new nationwide permit in the final action are necessary for work in streams, wetlands and other waters of the United States under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899.
 
"Under President Trump's leadership, the Army Corps of Engineers has taken decisive action to cut bureaucratic red tape and refocus our mission on American prosperity,” said Adam Telle, the Assistant Secretary of the Army for Civil Works. “Ensuring that American citizens and businesses can chase their dreams and build our economy without needless delays is a clear victory for our ability to compete on a global stage during the 21st Century.”
 
The nationwide permits announced today have no major changes from 2021, the last time the permits were issued. The nationwide permits in this action take effect March 15, 2026. The 2021 permits are set to expire March 14, 2026.
 
 
“The nationwide permit program offers the regulated public a streamlined path to obtain timely authorization of activities that cause no more than minimal adverse impacts to the aquatic environment.” said Maj. Gen. Jason E. Kelly, USACE deputy commanding general for Civil and Emergency Operations. “These nationwide permits issued today authorize activities associated with a broad range of project types, while encouraging project proponents to avoid and minimize impacts to the nation’s aquatic resources.”
 
Nationwide permits streamline the process to obtain authorization under the Clean Water Act and the Rivers and Harbors Act of 1899. The nationwide permits also provide expedited review of projects that have no more than minimal impact on the aquatic environment. Categories of activities that may be covered under these nationwide permits include residential developments, agricultural activities, stormwater management facilities, roads and highways, commercial and institutional developments, and recreational facilities.
 
The one new nationwide permit in 2026 is nationwide permit 60. This nationwide permit authorizes the discharges of dredged or fill material and structures and work in regulated waters associated with improving the passage of fish and other aquatic organisms.
 
Modest changes have been made to some of the 2026 nationwide permits to clarify what types of regulated activities may be authorized by nationwide permits. Modifications to the nationwide permits were informed by feedback from the public and other stakeholders. All improvements, additions and revisions in the 2026 nationwide permits are consistent with USACE’s commitment to evaluate minor activities efficiently, while ensuring appropriate environmental protection for jurisdictional aquatic resources.
 
USACE division commanders may add, after public review and consultation, regional conditions to nationwide permits to protect local jurisdictional aquatic ecosystems, or to minimize adverse effects on fish or shellfish spawning, wildlife nesting, or other ecologically critical areas.
 
Nationwide permit 56 authorizing activities associated with finfish mariculture was not reissued in this final action. Additionally, nationwide permit 26 has not been issued since 2000 and nationwide permit 47 has not been assigned since 2012.
 
Additional information about the USACE Regulatory Program can be found at https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/.
 

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/.