The US Army Corps of Engineers (USACE) is proposing updates to its Nationwide Permit (NWP) program, which streamlines permitting for projects with minimal environmental impact. These changes could affect how regulated entities plan and design their work.
With current NWPs set to expire in March 2026, understanding the implications of these changes now could help permittees prepare for compliance ahead of time. This Delve explains USACE’s proposed NWP changes and how they could impact certain projects.
What Are Nationwide Permits (NWP)?
NWPs are a set of general permits administered by USACE under Section 404 of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act of 1899. They streamline the authorization of activities that have minimal individual and cumulative environmental impacts.
Unlike individual permits, NWPs are subject to a programmatic review under the National Environmental Policy Act (NEPA) and Endangered Species Act (ESA), allowing qualifying projects to proceed with reduced administrative burden. The NWP program is reviewed, updated, and reissued on a five-year cycle to ensure ongoing compliance with evolving regulatory standards and environmental considerations. The current 2021 NWPs expire on March 14, 2026.
"NWP-A"—The Proposed New Nationwide Permit
The new NWP—NWP A, “Activities to Improve Passage of Fish and Other Aquatic Organisms”—would authorize certain activities that improve the passage of aquatic organisms through aquatic ecosystems.
While many Aquatic Organism Passage (AOP) projects have been permitted through other NWPs—such as NWP 14, “Linear Transportation Projects,” and NWP 27, “Aquatic Habitat Restoration, Enhancement, and Establishment Activities”—NWP A would expand NWP coverage to projects and activities that would not be authorized by other NWPs, providing greater design flexibility for AOP projects.
Projects authorized under the proposed NWP A would be subject to the following restrictions:
The activity may not cause a loss greater than one acre of waters of the United States.
NWP A does not authorize dam removal activities.
Pre-Construction Notification (PCN) would be required for proposed activities resulting in the loss of greater than 1/10-acre of waters of the United States.
Proposed Changes to Existing Nationwide Permits
USACE also proposes to simplify and clarify other NWPs with the intention of reducing burdens on the regulated public. The modified NWPs would continue to comply with the statutory requirement that these permits authorize only activities with no more than minimal individual and cumulative adverse environmental effects.
Proposed changes to NWP 27, now named “Aquatic Ecosystem Restoration, Enhancement, and Establishment Activities,” will be of particular interest to stream restoration practitioners.
The proposed reporting requirements are simplified and more tailored toward restoration projects when compared to the previously required PCN submittal. Instead of requiring a PCN, the updated NWP 27 would require a report detailing proposed activities submitted at least 30 days prior to commencement. Rather than requiring formal delineation of wetlands, waters, and other special aquatic sites, an assessment of baseline aquatic and terrestrial habitat at the project site may be mapped based on recent aerial imagery with field verification and photo points.
Another notable proposed change is to NWP 13, “Bank Stabilization,” which would include additional support for nature-based solutions and bioengineering.
A new note would also encourage permittees to use bioengineering and vegetative stabilization in areas where moderate to low erosive forces make such applications practical. Permittees can potentially reduce or eliminate compensatory mitigation requirements by incorporating habitat improvement features and native vegetation into bank stabilization designs.
The table below shows NWPs that would have significant modifications under USACE’s current proposal.
| NWP | Proposed Changes |
| NWP 13 – Bank Stabilization | - Clarifies that nature-based solutions can be used to provide habitat and other functions and services with bank stabilization activities.
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| NWP 15 – U.S. Coast Guard Approved Bridges | - Adds “General Bridge Act of 1946” as an applicable law for bridges over navigable waters.
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| NWP 23 – Approved Categorical Exclusions | - Replaces references to Council on Environmental Quality regulations with reference to NEPA.
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| NWP 24 – Indian Tribe or State Administered Section 404 Program | - Removes Florida from the list of states that have been approved to administer the section 404 permit program.
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NWP 27 – Aquatic Ecosystem Restoration, Enhancement, and Establishment Activities | Changes the NWP title. Provides additional information on ecological references. Removes the list of examples of activities that the NWP authorizes. Removes prohibition against conversions of non-tidal aquatic ecosystem types. Clarify that NWP does not authorize dam removal activities. Adds the Bureau of Land Management to the list of agency agreements. Requires reporting for all activities instead of PCNs. States that the description and map of aquatic and terrestrial habitat types on the project site are to be used in place of a delineation of waters and wetlands required by general condition 32 when a PCN is required by a general condition or regional condition.
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| NWP 43 – Stormwater Management Facilities | - States that NWP can be used to authorize nature-based solutions for managing storm water, with additional examples, to replace “low impact development integrated management features” and “pollutant reduction green infrastructure features.”
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| NWP 48 – Commercial Shellfish Mariculture Activities | - Excludes activities in navigable waters within Washington State.
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| NWP 54 – Living Shorelines | - Adds “gravel” and “cobbles” to the fill materials that can be used to construct living shorelines.
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| NWP A – Activities to Improve Passage of Fish and Other Aquatic Organisms | |
NWP 12, 52, 55, 57, and 58 would also be modified. Other NWPs would be renewed as they are.
By understanding the proposed changes to the NWP program now, permittees can proactively prepare for compliance before the current permits expire in March 2026. Trihydro’s ecological and water resources professionals are here to answer your questions and provide support around upcoming changes to NWPs.
