The U.S. Army Corps of Engineers (USACE) and U.S. Environmental Protection Agency (EPA) are expected to renew and revise 56 Nationwide Permits (NWPs) and issue one new permit authorizing activities associated with improving fish passage in early 2026.
NWPs are a type of general permit issued for projects affecting jurisdictional waters and wetlands designated as Waters of the United States (WOTUS) and protected under the Clean Water Act, such as bank stabilization, stream and wetland restoration, agricultural activities, and more.
NWPs' permits include regional conditions approved by the Division Engineer for each geographic area. Regional conditions typically include specific requirements for submitting a pre-construction notification and may prohibit the use of certain NWPs in particular aquatic resources.
According to the permits, “The activity must comply with any regional conditions that may have been added by the Division Engineer and with any case-specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its CWA section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination.”
Regional conditions vary by district. For example, despite Wilmington, NC, and Charleston, SC being located in the same region, their stream regional conditions differ significantly.
USACE, with EPA involvement, reviews NWPs every 5 years to assess cumulative impacts. This renewal process can likely affect regional conditions, potentially causing interruptions to projects in the planning and permitting stages.
Updated regional conditions that focused on impacts to WOTUS and mitigation can be found on the USACE website. Links showing proposed regional conditions for some districts are found below.
- Baltimore, Philadelphia, & Pittsburgh
- Buffalo & New York
- Charleston
- Galveston, Fort Worth, & Albuquerque
- Kansas City
- Los Angeles
- Louisville & Huntington
- Memphis & Nashville
- New England
- Norfolk
- Rock Island
- San Francisco
- Savannah
- Seattle
- Wilmington
Don’t Be Intimidated by Permitting
While NWPs streamline authorization for many common projects affecting streams and wetlands, navigating complex and evolving federal, state, and local regulations can be challenging. Davey Resource Group’s extensive experience with NWPs and other permitting processes can help you navigate federal, state, and local regulations enacted to protect wetlands and waterways. Contact your local DRG office to learn more.
Article Contributors:
Kevin Thomas, Principal Consultant, Davey Resource Group, North Carolina Office
