On March 16, 2026, the U.S. Army Corps of Engineers announced a request for public input on ways to improve the efficiency of the nationwide permit (NWP) program (link to Federal Register). This request comes immediately after the recent implementation of the 2026 NWPs, which went into effect on March 15, 2026 and are now set to expire on March 15, 2031.
The NWP program, authorized under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act, streamlines permitting for activities that the Corps has identified will have minimal environmental impacts by allowing certain projects to proceed with reduced review requirements. Depending on the activity, some NWPs require pre-construction notifications (PCNs) to the Corps, while others do not, provided all permit conditions are met.
The Corps is seeking feedback on a range of topics, including ways to eliminate unnecessary reviews, improve the efficiency of PCN processing, establish new NWPs for similar activities, ensure minimal environmental impacts, and enhance regulations related to the transportation and disposal of dredged material. Stakeholders are encouraged to comment on existing NWP terms, conditions, and processes, as well as suggest changes to increase the program’s overall efficiency. This public input may inform future rulemaking before the current NWPs expire, particularly since few changes were made in the latest update despite significant feedback on the draft permits that were issued in June 2025.
If you have any questions about the newly authorized NWPs or would like to respond to the Corps' request for public input, please do not hesitate to reach out to Nat Morse or your Vorys attorney.