Army Corps finalizes rules for streamlined water permits
- 2 hours ago
- 2 min read
On January 7, the US Army Corps of Engineers Regulatory Program re-issued its streamlined Nationwide Permits (NWP) rules that are critical for oil pipelines, highways and other projects that affect wetlands and streams. The new rules also expand eligibility to data centers.
These NWP rules will be effective on March 15, 2026 and remain in effect for five years. The goal is to allow infrastructure projects having minimal adverse effects on water quality to receive faster approvals under the Clean Water Act. The Corps of Engineers issues thousands of these permits annually.
A few thoughts:
NWP is one of the most important parts of federal permitting. More than 40% of Corps permits are issued under this program. Any delay would cause significant harm to the regulated public and infrastructure investment.
It was critical for the Corps to publish these rules in the Federal Register this week. The previous set of Nationwide Permits are scheduled to expire on March 15 and new rules can only go into effect 60 days after publication. This week’s action starts the 60-day clock.
These new NWPs align with the draft proposal issued in June 2025 and do not involve substantive changes from previous Nationwide Permits. I see two minor changes to the general conditions;
Adding the provision for nature-based solutions to Nationwide Permits for bank stabilization and stormwater management facilities. This provision provides for green options that can meet the functional requirement for infrastructure protection.
A requirement for the permittee to provide information to National Oceanic and Atmospheric Administration (NOAA), National Ocean Service (NOS) for charting on specific NWPs. The new Nationwide 60 will apply to projects that improve the passage of fish and other aquatic organisms.
There is only one passing reference to the new WOTUS rule. Under General Condition 25, “Water Quality”, the Corps added “into waters of the United States” after “discharge” to make it clear that the discharge must be into jurisdictional waters of the United States. This condition will help to clarify integration of the proposed WOTUS rule with the new NWPs as states can have different definitions of what is a “waterbody and wetland.”
Mark Sudol
Senior Advisor
Prior to joining Dawson & Associates, Mark was Chief of the U.S. Army Corps of Engineers Regulatory Program and oversaw the Corps’ regulatory responses to U.S. Supreme Court’s Rapanos and Northern Cook County decisions. He was also senior lead for the team that wrote the Mitigation Banking Regulations.