USACE seeks public comments on potential future changes to the nationwide permits to increase permitting efficiency 

USACE announced it is seeking input from all interested parties on ways to increase the efficiency of the nationwide permit program. A public notice soliciting input on potential future changes to the nationwide permits was published in the March 16, 2026, Federal Register at https://www.federalregister.gov/d/2026-05051. USACE will accept written comments through May 15, 2026. Comments should be submitted through the Federal eRulemaking portal at www.regulations.gov at docket number COE-2026-0001, or by mail to U.S. Army Corps of Engineers, Attn: CECW-CO-R, 441 G Street NW, Washington, DC 20314-1000.

WASHINGTON – The U.S. Army Corps of Engineers (USACE) announced today the publication in the Federal Register of the 2026 Nationwide Permits (NWPs). The 56 reissued and one new 2026 NWPs in the rule are necessary for work in streams, wetlands and other waters of the United States under Section 404 of the Clean Water Act and/or 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 NWPs in this final action take effect March 15, 2026. The 56 reissued NWPs replace the 2021 versions of those permits which expire March 14, 2026. The new nationwide permit is designated as NWP 60. NWP 60 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.

The 2026 nationwide permits have been published in today’s Federal Register at https://www.federalregister.gov/documents/2026/01/08/2026-00121/reissuance-and-modification-of-nationwide-permits, and will be posted to the USACE website at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/NationwidePermits.aspx.

“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 nationwide permits announced today have no major changes from 2021, the last time the permits were issued.

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.

The U.S. Army Corps of Engineers announced today that it will reissue 56 existing nationwide permits and issue one new permit 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. One existing permit will not be reissued.

"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 21^st Century.”

A pre-publication copy of the new final nationwide permit action is posted to the Office of the Federal Register website and a link to the prepublication copy is on the USACE website at: https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/Nationwide-Permits/. 

The final action is scheduled to be published in the Federal Register in the coming days. Once published, the Federal Register notice will indicate when the new permits take effect and on what date the existing permits expire. A separate news release will also be issued to announce publication of the final action. Until this action takes effect, all 2021 nationwide permits remain effective.

The nationwide permits announced today are the culmination of a process that began with a notice of proposed rulemaking that was published in the Federal Register (90 FR 26100) on June 18, 2025. The proposed rule was for the reissuance and modification of 56 of the 57 2021 nationwide permits, along with the issuance of one new nationwide permit. Nationwide permit 56, authorizing activities associated with finfish mariculture, was not proposed to be reissued. The 30-day public comment period ended July 18, 2025.

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.

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

3 July 2025 – 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.”

The pre-publication version of the 2026 Nationwide Permits proposed rule is located here:

https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/Nationwide-Permits/ and https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/National-Notices-and-Program-Initiatives/

29 JANUARY 2025 - 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 here: 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. Users are encouraged to submit literature citations, herbaria records, experiential references, monitoring data, photographic documentation, and other relevant information. Specific knowledge of, or studies related to, individual species are particularly helpful. When providing input or information on the draft changes to the 2024 NWPL update, commenters should use their regional botanical and ecological expertise, field observations, reviews of the most recent indicator status information, appropriate botanical literature, floras, herbarium specimens with notation of habitat and associated species, habit data, relevant studies, and historic list information. Providing ratings without supporting documentation or information is not recommended. All submitted comments and information will be compiled and sent to the National Panel for their review and consideration.

USACE administers the NWPL for the United States and its territories.  The NWPL provides plant species indicator status ratings, which are used in determining whether the hydrophytic vegetation factor is met when conducting wetland delineations under the Clean Water Act and wetland determinations under the Wetland Conservation Provisions of the Food Security Act. Other applications of the NWPL include wetland restoration, establishment, and enhancement projects.  Additions or deletions to the NWPL represent new records, range extensions, nomenclatural and taxonomic changes, and newly proposed species.  The latest review process began in 2024 and included review by Regional Panels and the National Panel. 

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/.

The U.S. Army Corps of Engineers, 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 final 2022 National Wetland Plant List (NWPL). The Federal Register Notice for the 2022 NWPL update can be found here: https://www.govinfo.gov/content/pkg/FR-2024-02-13/pdf/2024-02903.pdf.

The NWPL provides plant species wetland indicator status ratings, which are used in determining whether the hydrophytic vegetation factor is met when conducting wetland delineations under the Clean Water Act and wetland determinations under the Wetland Conservation Provisions of the Food Security Act. Other applications of the NWPL include wetland restoration, establishment, and enhancement projects. The list is effective as of 13 February 2024 and will be used in any wetland delineations performed after this date. A summary of the 2022 NWPL is provided in the table below.

Completed wetland delineation/determination forms should reference the version of the NWPL used to complete the form. The final NWPL is available at https://wetland-plants.sec.usace.army.mil/ (preferred browsers are Chrome and Firefox). Please note that while the web address for the NWPL website has not changed with this update, the website itself has undergone updates to enhance the utility of the NWPL.

Updated versions of the Automated Wetland Determination Data Sheets (ADS), which reflect revisions to the NWPL, can be found at the following link: https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/reg_supp/ within the “General Information” dropdown. More info regarding the ADS and its utility in wetland delineation can be found at the following link: https://www.usace.army.mil/Media/Announcements/Article/2989646/5-april-2022-army-corps-of-engineers-announces-the-release-of-automated-wetland/.