Beware the Ides of March in 2026

On March 15, 2026, the system that accounts for about half the federal government’s environmental permits for possible impacts to streams and wetlands will expire. Most permits issued under this system are small, do minimal harm to protected waters, and are approved in under 60 days which means the impact of a lapse will be felt quickly. Anyone who thinks 11 months is plenty of time to accomplish this is woefully mistaken. In my experience, this process usually takes at least 15 months and that’s with less legal uncertainty than we have now given recent Supreme Court decisions on executive branch authority.

Consider the steps federal law requires to keep the Nationwide Permit (NWP) system going after March 15, 2026. First, the Army Corps of Engineers must issue a notice of draft permits in the Federal Register for 60 days. The Corps must review public comments received and then revise the rules as appropriate.

This is a major undertaking as the Nationwide Permits are controversial and result in thousands of comments being sent in on the new proposal. Then it must re-publish the new version on or before January 15, 2026 because rules require another 60 days’ notice before taking effect.

That means the Corps has less than 9 months to navigate this process, which also includes resolving thorny Congressional and Administration demands. Moreover, the Corps must be mindful that final rules comport with recent Supreme Court decisions on WOTUS and “Chevron deference.”

Adam Telle, who will oversee this process as President Trump’s nominee to be Assistant Secretary of the Army for Civil Works, is a seasoned professional and experienced in forging compromise. But with the regulatory clock ticking, he faces a steep climb to get this done. And before anyone asks, NWP’s cannot be extended as the Clean Water Act itself specifies these permits must be reauthorized every five years. I spent more than 30 years in the US Army Corps of Engineers and I revere the institution. People are often surprised when I share with them that the Corps’ success record on issuing permits would match Tom Brady in the Super Bowl. The Corps strives to get 85% of its less complex permits issued in under 60 days. It issues about 70% of more complex permits in less than 120 days.

However, what can be lost in these numbers is that the vast majority of permits are modified to reduce impacts and have required mitigation for unavoidable impacts. The Corps is the only federal agency tasked with balancing the public need for the project with its environmental impacts actively works with applicants to reduce impacts by modifying their project.

Spring of 2026 may be a difficult time for permit applicants and Corps regulators as this event impacts project construction. Of course permits issued before March allow applicants to continue working as long as they complete their project in the next year. However, all new projects requesting a Nationwide Permit will stop until they are reauthorized. And to a great extent, this is out of their control. The Clean Water Act (CWA) dictates these requirements and many in Congress view CWA changes as a “third rail.” If I was a homeowner or project developer planning a small project that would need an NWP from the Corps next spring, I would not wait but work hard to get your permit before March of 2026.

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.