6/18/25: The U.S. Army Corps of Engineers announced today it is seeking comments on its proposal to renew and revise 56 existing nationwide permits and issue one new nationwide permit authorizing activities associated with improving fish passage. Nationwide permits authorize activities 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.
“The streamlined set of nationwide permits proposed today offers a clear, efficient path for timely authorization of a broad range of project types, while upholding our commitment to protecting the nation’s navigable waters and vital aquatic resources,” said. Maj. Gen. Jason E. Kelly, USACE deputy commanding general for Civil and Emergency Operations.
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.
The nationwide permits being proposed today will replace the current permits, which expire March 14, 2026. Many of those being proposed remain unchanged from 2021, the last time the nationwide permits were authorized.
USACE division engineers may add, after public review and consultation, regional conditions to nationwide permits to protect local aquatic ecosystems, such as fens or bottomland hardwoods or to minimize adverse effects on fish or shellfish spawning, wildlife nesting or other ecologically critical areas.
A public notice soliciting comments on the proposed set of revised nationwide permits was published in the June 18, 2025, Federal Register at https://www.federalregister.gov/documents/2025/06/18/2025-11190/proposal-to-reissue-and-modify-nationwide-permits. USACE will accept written comments through July 18, 2025. Comments may be submitted by e-mail to 2026nationwidepermits@usace.army.mil or through the Federal eRulemaking portal at www.regulations.gov at docket number COE-2025-0002, or by mail to U.S. Army Corps of Engineers, Attn: CECW-CO-R, 441 G Street NW, Washington, DC 20314-1000.
Additional information on the USACE regulatory program can be found at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx.
6/16/25: 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.
5/8/25: Last year the U.S. Army Corps of Engineers introduced its new Regulatory Request System (RRS), an online application portal that allows the public to submit permit applications and other information when requesting permission to dredge, fill or conduct activities in jurisdictional wetlands and waters of the U.S. RRS is accessible at https://rrs.usace.army.mil/rrs. RRS users can submit individual permit applications, general permit pre-construction notifications, jurisdictional determination requests, and other information needed during the permit evaluation process using easy-to-follow online submission forms. Applicants can also track the status of their requests using a user-friendly dashboard. RRS benefits the applicant by eliminating the burden associated with the preparation and mailing of paper applications. It also reduces some of the effort associated with processing applications and data entry making the permitting process more efficient. Click here to learn more about the benefits of RRS (RRS Testimonial Video). For more information on the USACE Regulatory Program visit https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/. For further details or to provide feedback about the RRS, please contact USACE at rrs@usace.army.mil.
3/22/25: The U.S. Environmental Protection Agency (EPA) and the Department of the Army issued a notice announcing their intention to engage with State and Tribal co-regulators; industry and agricultural stakeholders; environmental and conservation stakeholders; and the public on certain key topics related to the implementation of the definition of “waters of the United States” in light of the Supreme Court's 2023 decision in Sackett v. Environmental Protection Agency. The agencies are committed to learning from the past regulatory approaches—the pre-2015 regulations and guidance, the 2015 Clean Water Rule, the 2020 Navigable Waters Protection Rule, the 2023 Rule, and the Amended 2023 Rule—while engaging with stakeholders before taking further administrative action to provide any additional clarification to agency staff, co-regulators, and the public on specific aspects of the definition of “waters of the United States.” In addition to forthcoming listening sessions on the specific key topic areas, the agencies are also accepting written recommendations from members of the public via a recommendations docket. Written recommendations must be received on or before April 23, 2025. https://www.federalregister.gov/documents/2025/03/24/2025-04649/wotus-notice-the-final-response-to-scotus-establishment-of-a-public-docket-request-for?utm_campaign=subscription+mailing+list&utm_medium=email&utm_source=federalregister.gov
3/12/25: The EPA Administrator, Mr. Lee Zeldin, announced next steps to revise the definition of “waters of the United States” (WOTUS) under the Clean Water Act to fully align with the Supreme Court’s direction in Sackett v. EPA. https://www.epa.gov/newsreleases/administrator-zeldin-announces-epa-will-revise-waters-united-states-rule-0. The EPA and United States Army Corps of Engineers will undertake a rulemaking process to revise the 2023 definition of (WOTUS) with a focus on clarity, simplicity, and improvements that will stand the test of time. While this rulemaking process proceeds, the agency will provide guidance on WOTUS to ensure consistency with the law of the land. Questions can be directed to wotus-outreach@epa.gov
1/28/25: The U.S. Army Corps of Engineers (USACE), as part of an interagency effort with the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service and the U.S. Department of Agriculture Natural Resources Conservation Service, is announcing the availability of the draft changes to the 2024 NWPL and its web address to solicit public comments. The public now has the opportunity to comment on the proposed changes to wetland indicator status ratings for one plant species in the Atlantic and Gulf Coastal Plain and Eastern Mountains, and Piedmont regions and one species in the Midwest and Northcentral and Northeast regions. Additionally, changes to eight species in the Alaska Region are proposed and available for public comment. The Federal Register Notice (FRN) for the 2024 NWPL update can be found at: https://www.federalregister.gov/documents/2025/01/28/2025-01798/national-wetland-plant-list. The public comment period ends on 31 March 2025. USACE encourages public input in the form of data, comments, literature references, or field experiences, to help clarify the status of the species reviewed for this update. Comments on these proposed changes should be emailed to nwpl@usace.army.mil. Additional information on the NWPL can be found at the NWPL website (https://wetland-plants.sec.usace.army.mil/), including a new video on how to use the newly redesigned site, which can be found here: https://wetland-plants.sec.usace.army.mil/reference/.
1/8/25: The U.S. Army Corps of Engineers (USACE) and the U.S. Environmental Protection Agency (EPA) jointly announce the availability of the Final National Ordinary High Water Mark Field Delineation Manual for Rivers and Streams (Final National OHWM Manual). The Final National OHWM Manual serves as a non-mandatory technical resource which can be used to assist with identifying and delineating the ordinary high water mark (OHWM) of rivers and streams located throughout the Nation. Final National OHWM Manual: https://dx.doi.org/10.21079/11681/49526
1/6/25: The U.S. Army Corps of Engineers (USACE) announces the launch of the Public Notice module on the Regulatory Request System (RRS). The new feature allows users nationwide to search, review, and comment on projects being reviewed under the Regulatory Program, significantly enhancing transparency, accessibility, and efficiency. The Public Notice module provides the public with access to proposed projects requiring a standard permit, proposed mitigation banks and in-lieu fee programs under review, and proposed general permits or Section 404 Letter of Permission procedures. It organizes notices by state and district, which can be viewed in a table format or on an interactive map. Users can easily search for notices by project name or address and submit comments directly through the platform, streamlining public engagement and reinforcing USACE's commitment to improving transparency and the permitting process. The RRS is a web-based platform, currently in its beta version, designed to simplify the permitting process and enhance user experience. In addition to the new Public Notice Module, RRS enables users to submit permit applications, request jurisdictional determinations, and schedule pre-application meetings, all through a user-friendly interface. Explore the Regulatory Request System and its new features by visiting rrs.usace.army.mil. For additional information or to provide feedback, please contact rrs@usace.army.mil.
11/27/24: The U.S. Army Corps of Engineers (USACE) announces the availability of new and updated Engineer (ENG) forms for the Regulatory Program. All forms for use nationwide can now be accessed at https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/Regulatory-Program-Forms/. Note that most regulatory requests, such as requests for permits and jurisdictional determinations, can be completed online through USACE’s Regulatory Request System at rrs.usace.army.mil.
10/28/24: The final Streamflow Duration Assessment Methods (SDAMs) for the Arid West and the Western Mountains regions are now available. SDAMs provide a rapid evaluation of streamflow duration for use whenever there is uncertainty concerning the duration of stream flows. For information about SDAMs, visit https://www.epa.gov/streamflow-duration-assessment