US Army Corps of Engineers Seeks Input on Nationwide Permits

Content

ACTION:

Notice; solicitation of input.

SUMMARY:

The U.S. Army Corps of Engineers (Corps) is seeking input from all interested parties on ways to increase the efficiency of
the nationwide permit program. The Corps will consider this input in future rulemaking related to the nationwide permits.
The nationwide permits authorize activities under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors
Act.

DATES:

In order to be considered, comments must be received in regulations.gov or postmarked on or before May 15, 2026.

ADDRESSES:

You may send comments, identified by docket number COE-2026-0001, by any of the following methods:

• Federal eRulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting comments.

• Mail: U.S. Army Corps of Engineers, Attn: CECW-CO-R, 441 G Street NW, Washington, DC 20314-1000.

Due to security requirements, we cannot receive comments by hand delivery or courier or uploaded on external storage devices.

Instructions: All submissions received must include the agency name and docket number for this notice. All comments received will be posted
without change to http://www.regulations.gov, including any personal information provided, unless the commenter indicates that the comment includes information claimed
to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit
information that you consider to be CBI, or otherwise protected, through regulations.gov. The regulations.gov website is an anonymous access system, which means we will not know your identity or contact information unless you provide
it in the body of your comment.

FOR FURTHER INFORMATION CONTACT:

Ms. Katherine McCafferty at 513-310-4196 or access the U.S. Army Corps of Engineers Regulatory Home Page at https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/.

SUPPLEMENTARY INFORMATION:

I. Background

Under Section 404 of the Clean Water Act (33 U.S.C. 1344), Department of the Army (DA) authorization is required for discharges
of dredged or fill material into waters of the United States. Under Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C.
403), DA authorization is required for any construction of any structure in, under, or over any navigable water of the United
States; the excavating from or depositing of material in navigable waters of the United States; or the accomplishment of any
other work affecting the course, location, condition, or capacity of navigable waters of the United States. Under Section
103 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413), DA authorization is required for the
transportation and disposal of dredged material into ocean waters.

The U.S. Army Corps of Engineers (Corps) issues individual and general permits to authorize activities under Section 404 of
the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899. The Corps also issues individual permits to authorize
activities under Section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972. The Chief of Engineers and his
or her designated representatives have been delegated the authority to issue individual permits and general permits from the
Secretary of the Army.

Reducing unnecessary paperwork and delays is a continuing Corps goal. General permits provide applicants a streamlined process
to obtain DA authorization in exchange for avoiding and minimizing impacts to jurisdictional aquatic resources. Nationwide
permits (NWPs) are a type of general permit. The NWP program is designed to provide timely authorizations for the regulated
public while protecting the jurisdictional aquatic resources.

Section 404(e) of the Clean Water Act provides the authority for the Corps, after notice and opportunity for public hearing,
to issue general permits on a nationwide basis for any category of activities involving discharges of dredged or fill material
into waters of the United States. The categories of activities authorized by NWPs issued pursuant to section 404(e) of the
Clean Water Act must be similar in nature, cause only minimal adverse environmental effects when performed separately, and
have only minimal cumulative adverse effect on the environment (33 U.S.C. 1344(e)(1)). An NWP issued under Section 404(e)
of the Clean Water Act is in effect for a period of no more than five years after the date of its issuance (33 U.S.C. 1344(e)).

The Corps also issues NWPs to streamline the authorization process for activities that require authorization under Section
10 of the Rivers and Harbors Act of 1899. Section 10 of the Rivers and Harbors Act of 1899 prohibits any obstructions to the
navigable capacity of any waters of the United States “unless the work has been recommended by the Chief of Engineers and
authorized by the Secretary of the Army prior to beginning the same.” Since 1975, the Corps has issued general permits under
section 10 of the Rivers and Harbors Act of 1899 (see 40 FR 31335). The Corps has issued NWPs under the authority of section
10 of the Rivers and Harbors Act since 1977 (see 42 FR 37140).

The Corps has not issued NWPs for activities subject to Section 103 of the Marine Protection, Research, and Sanctuaries Act
(MPRSA) of 1972, as amended. Section 103 of the MPRSA authorizes the Secretary of the Army to “issue permits, after notice
and opportunity for public hearings, for the transportation of dredged material for the purpose of dumping it into ocean waters.”
Corps regulations (33 CFR

  330.1(g)) state that NWPs can be issued to satisfy the permit requirements of Section 103 of the MPRSA. NWPs were first issued
  by the Corps in 1977 (42 FR 37122). After 1977, NWPs have been issued or reissued in 1982 (47 FR 31794), 1984 (49 FR 39478),
  1986 (51 FR 41206), 1991 (56 FR 59110), 1995 (60 FR 38650), 1996 (61 FR 65874), 2000 (65 FR 12818), 2002 (67 FR 2020), 2007
  (72 FR 11092), 2012 (77 FR 10184), 2017 (82 FR 1860), 2021 (86 FR 2744 and 86 FR 73522), and 2026 (91 FR 768).

The 2021 NWPs (86 FR 2744 and 86 FR 73522) expired on March 14, 2026. On June 18, 2025, the Corps proposed to reissue the
NWPs (90 FR 26100) with modest modifications to the 2021 NWPs. The final action to issue the 2026 NWPs was published in the

  Federal Register
  on January 8, 2026, and went into effect on March 15, 2026. The 2026 NWPs will expire on March 15, 2031, unless they are modified
  or reissued before that date.

The issuance or reissuance of the NWPs by the Chief of Engineers imposes limitations on jurisdictional activities authorized
by those NWPs. These limitations are expressed in the NWP terms and general conditions that apply to all NWPs. Division engineers
may also impose limitations on jurisdictional activities authorized by NWPs on a regional basis (e.g., within a Corps district or state). These regional limitations are expressed in regional conditions. For some NWPs, if the
project proponent's proposed activities comply with all applicable terms and conditions of those NWPs, then the project proponent
can commence the authorized activities without reporting those activities to Corps district offices. Other NWPs require project
proponents to submit pre-construction notifications (PCNs) to Corps districts prior to proceeding with the authorized activities.
For these NWPs which require PCNs, district engineers determine whether the project proponents' proposed activities are authorized
by an NWP. The terms and conditions, including regional conditions, apply to all NWPs regardless of whether preconstruction
notification is required.

When a PCN is submitted, Corps districts evaluate proposed NWP activities on a case-by-case basis to ensure that they comply
with the applicable statutory authority will cause no more than minimal adverse environmental effects, individually and cumulatively.
The district engineer may add conditions to the NWP authorization to ensure that the verified NWP activity results in no more
than minimal individual and cumulative adverse environmental effects consistent with processes and requirements set out in
33 CFR 330.5(d). When a district engineer reviews a PCN and determines that the proposed activity qualifies for NWP authorization,
he or she will issue a written NWP verification to the permittee (see 33 CFR 330.6(a)(3)).

In most cases, an applicant can begin the regulated activity in jurisdictional waters if the district does not respond within
45 days of receiving a complete PCN. However, there are certain circumstances when the 45-day timeframe does not apply. The
project proponent must wait for written verification if a PCN is required by general conditions 16 (Wild and Scenic Rivers),
18 (Endangered Species), 20 (Historic Properties), and/or 31 (Activities Affecting Structures of Works Built by the United
States); if the activity is proposed for authorization under NWP 49 (Coal Remining Activities); and/or when the proposed activity
requires a waiver to exceed specified limits of an NWP. When any of these circumstances apply, the applicant may not begin
jurisdictional activities until they receive verification in writing that the activity may proceed under the NWP. District
engineers also have authority under 33 CFR 330.5(d) to modify, suspend, or revoke the NWP authorization on a case-specific
basis.

II. Review of the Nationwide Permits

Pursuant to Corps regulations at 33 CFR 330.5(b)(1), anyone may, at any time, suggest to the Chief of Engineers that he or
she consider any new NWPs or conditions for issuance, or changes to existing NWPs. In addition, the Chief of Engineers must
review NWPs within five years of issuance and propose modification, revocation, or reissuance. Independent of receiving suggestions
to issue new NWPs or modify existing NWPs, or the normal 5-year review cycle, the Chief of Engineers has discretion to periodically
review the NWPs and their conditions and initiate the process for proposing to modify, reissue, or revoke the NWPs (see 33
CFR 330.5(b) and 330.6(b)). Comments received in response to this notice will inform potential modifications to the NWPs that
may occur before the 2026 NWPs expire on March 15, 2031.

The purpose of this notice is to announce that the Corps is seeking input on the NWPs, including but not limited to: measures
to eliminate unnecessary review over activities that require DA authorization; measures to increase permitting efficiency;
measures to increase efficiency in the review of pre-construction notifications or issuance of NWP verifications; categories
of activities that are similar in nature; measures to improve conditions or processes that would ensure that discharges of
dredged or fill material into waters of the United States would cause no more than minimal adverse environmental effects;
and measures to ensure work or structures do not obstruct the navigable capacity of a navigable water of the United States.
Additionally, we invite your views on whether any other revisions are needed to the existing regulations regarding the nationwide
permit program at 33 CFR part 330, or the implementation of the nationwide permit program. The Corps seeks input from a wide
range of stakeholders and interested parties, representing all perspectives, in order to make informed decisions regarding
the NWPs. Stakeholders and interested parties include, but are not limited to, applicants, other regulatory agencies, States,
tribal nations, entities representing nonprofit organizations or industry interests, and individuals. A series of questions
are posed below in the Stakeholder Engagement Section to assist in framing such input.

This notice does not propose specific modifications to the NWPs. It is intended to develop a record to inform future reissuance
or modifications to the NWPs. After considering the comments received, any decision to reissue, modify, or revoke the NWPs
will occur after notice and opportunity for a public hearing, in accordance with Executive Order 12866 Regulatory Planning
and Review and the Administrative Procedure Act.

The Corps encourages comments on all aspects of the NWPs that are within the scope of the Corps' authority or within the Corps'
scope of analysis for the issuance of the NWPs. The scope of the Corps' authority is limited to discharges of dredged or fill
material into waters of the United States; work and structures in, under, or over any navigable water of the United States;
the excavation from or depositing of material in navigable waters of the United States; the accomplishment of any work affecting
the course, location, condition, or capacity of navigable waters of the United States; and the transport of dredged material
to ocean waters for the purpose of disposal. The scope of the Corps' analysis is the extent of the impact of regulated activities
in jurisdictional waters as defined by the Corps implementing regulations (33 CFR part 330), the public interest review regulations
(33 CFR 320.4), and applicable federal procedural laws and associated implementing regulations.

The Corps must comply with other federal procedural laws before taking

  action under the Clean Water Act, Rivers and Harbors Act, or MPRSA, including but not limited to the National Environmental
  Policy Act (NEPA), Endangered Species Act (ESA), and National Historic Preservation Act (NHPA). The Corps completes the public
  interest review, and the 404(b)(1) guidelines analysis (40 CFR 230) when applicable, at the national level each time the NWPs
  are reissued. Corps Headquarters also completes an environmental document under NEPA, and documents compliance with Section
  7 of the ESA, Section 106 of the NHPA, Wild and Scenic Rivers Act (16 U.S.C. 1271-1287), and the Magnuson-Stevens Fisheries
  Management Act (16 U.S.C. 1801). During the district engineer's case-specific review of a PCN, Corps districts also comply
  with Section 7 of the ESA, Section 106 of NHPA, and where appropriate, the Wild and Scenic Rivers Act, and the Magnuson-Stevens
  Fisheries Management Act to address the specific impacts of a proposed NWP-specific activity.

The Corps does not have statutory authority over all aspects of construction activities, and there is seldom a single Federal
agency charged by Congress with the authority to regulate siting, construction, or operation of projects that impact jurisdictional
waters. The Corps is neither a proponent nor opponent of any project proposal, and generally, activities outside jurisdictional
waters are not regulated by the Corps.

III. Stakeholder Engagement

The Corps poses a series of questions detailed below for stakeholder input. These questions are only guideposts for comments.
Written input on all aspects of the NWP program is welcome.

To be most useful and most effective at informing decisions on any future action, comments should be specific and substantive.
Commenters may find the following suggestions helpful in preparing comments: clearly state the issue or concern; make recommendations
for how to resolve the issue of concern; explain the reasoning behind the comments; and provide or reference any supporting
information (law, regulation, data, reports, studies, expert opinions, or examples) to support the comments that may be useful
for the Corps to consider.

1. What measures should the Corps consider that would eliminate unnecessary review over jurisdictional activities that do
   not require heightened scrutiny? For instance, are there any PCN requirements, NWP impact limits, or general conditions that
   should be modified or should remain unchanged?

2. What measures should the Corps consider that would improve or maintain efficiency in the review of pre-construction notifications
   or issuance of NWP verifications? For instance, are there any requirements for agency coordination of a PCN, contents of a
   complete PCN, or verification compliance with applicable federal procedural laws and implementing regulations that should
   be modified or remain unchanged?

3. What categories of activities that are similar in nature should the Corps consider for establishing new NWPs?

4. What measures should the Corps consider to ensure that discharges of dredged or fill material into waters of the United
   States would cause no more than minimal adverse environmental affects both individually and cumulatively? For instance, are
   there NWP terms, general conditions, or processes that should be modified or remain unchanged?

5. What measures should the Corps consider to develop NWPs, terms, general conditions, or processes for the transportation
   and disposal of dredged material into ocean waters?

6. What measures should the Corps consider to improve existing regulations regarding general permits or the implementation
   of the nationwide permit program? For instance, what changes should the Corps consider that would increase the efficiency
   of the Chief of Engineer's decision-making process to reissue the NWPs?

Jason E. Kelly, Major General, U.S. Army, Deputy Commanding General for Civil and Emergency Operations. [FR Doc. 2026-05051 Filed 3-13-26; 8:45 am] BILLING CODE 3720-58-P

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