1/08/26: The U.S. Army Corps of Engineers (Corps) published a final agency action in the Federal Register (91 FR 768) announcing the reissuance of 56 existing nationwide permits (NWPs) and one new NWP, as well as the reissuance of NWP general conditions and definitions with some modifications. These 57 NWPs will go into effect on March 15, 2026, and will expire on March 15, 2031. One NWP was not reissued. https://www.federalregister.gov/documents/2026/01/08/2026-00121/reissuanceand-modification-of-nationwide-permits
7/29/25: The Headquarters of the U.S. Army Corps of Engineers released two new resources designed to improve the consistency and efficiency of aquatic resource delineations. The Recommended Minimum Standards for Aquatic Resource Delineation Reports (ARDR) outlines recommended minimum standards for documenting aquatic resource delineations in an ARDR. It includes an "Aquatic Resource Delineation Report Template" to help practitioners standardize report format, facilitating efficient USACE verification. The Guide for Recording Aquatic Resource Delineations Using Global Navigation Satellite Systems (GNSS) provides recommendations for using high-accuracy GNSS receivers and GIS to electronically map aquatic resource boundaries. Consistent application of these guidelines supports accurate data collection, quantification of aquatic resource extent, and spatial assessment of proposed project impacts. These resources are intended to promote national consistency and accuracy in documenting aquatic resource delineations. Accurate delineations are crucial for assessing project impacts, determining the appropriate level of review, and evaluating compensatory mitigation needs. While adherence to these recommendations is encouraged to ensure a complete and verifiable ARDR, they are not mandatory. Both documents can be found at the HQ technical and biological resources page.
7/3/25: USACE seeks public comments on new NEPA implementing procedures for the Corps Regulatory Program and Section 408 Program: The Department of the Army and the U.S. Army Corps of Engineers (USACE) announced we are seeking comments on an interim final rule that establishes new National Environmental Policy Act (NEPA) implementing regulations at Title 33 Code of Federal Regulations (CFR) part 333 for the USACE Regulatory Program and the USACE Section 408 Program. The interim final rule became effective on July 3, 2025 for Regulatory Program permit applications and Section 408 permission requests submitted to the USACE on or after July 3, 2025. The new USACE NEPA implementing procedures at 33 CFR 333 replace the Corps Regulatory Program’s previous NEPA implementing procedures at 33 CFR 325, appendix B.
A public notice soliciting comments on the interim final rule was published in the July 3, 2025, Federal Register at
https://www.federalregister.gov/documents/2025/07/03/2025-12360/procedures-for-implementing-nepa-processing-of-department-of-the-army-permits. Department of the Army and USACE will accept written comments through August 4, 2025. Comments may be submitted through the Federal eRulemaking portal at www.regulations.gov at docket number COE-2025-0006.
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.