At MacKay Sposito, we collaborate closely with our clients, partners, regulatory agencies, and in-house engineering and design teams to thoughtfully minimize environmental impacts. We do this because it’s the right thing to do, and because we genuinely care about balancing the built and natural environments. When impacts are unavoidable, we navigate complex environmental laws and regulations to help move projects forward responsibly and efficiently. Achieving this requires staying in the loop on the ever-changing regulatory environment and applying our expertise to turn challenges into workable, compliant solutions.
Every five years, the U.S. Army Corps of Engineers (USACE) re-evaluates its Nationwide Permit (NWP) Program for minimal impacts to Waters of the U.S. The NWP Program authorizes 25,000 reported activities per year, as well as approximately 30,000 activities that do not require reporting (USACE 2026e).
Summary of Changes to Existing Nationwides (USACE 2026f)
- NWPs 12, 48, 52, 55, 57, and 58 encourage coordination with the US Coast Guard and the National Ocean Service to confirm marking, charting, or structure siting requirements.
- NWPs 13, 27, 43, and 54 now define and encourage the use of nature-based solutions, which could result in aquatic resource avoidance and minimization.
- NWP 27 (Aquatic Habitat Restoration, Enhancement, and Establishment Activities) no longer requires pre-construction notification. Instead, permittees are required to submit a report to the district engineer for the aquatic ecosystem restoration, enhancement, and establishment activity at least 30 days prior to commencing the activity (USACE 2026c).
- NWP 39 (Commercial and Institutional Developments) added data centers, pharmaceutical manufacturing, and storage facilities to the list of developments authorized.
- NWP 48 (Commercial Shellfish Aquaculture Activities) is no longer authorized in Washington State.
Transition Period (USACE 2026e)
- The nationwide permit expiration for projects with a 2021 NWP USACE approval where construction has begun or the project is under contract for construction by March 14, 2026, is extended for one year to March 14, 2027. If filling of regulated wetlands and waterbodies has not been completed by March 14, 2027, a new approval under the 2026 permits will be required.
- If construction has not commenced or is not under contract by March 14, 2026, a reverification under the 2026 NWPs will be required. This typically entails resubmittal of the application form to the USACE that addresses any changes from the applicable 2026 nationwide conditions. In the rare circumstance where the work does not meet the terms and conditions under the 2026 NWPs, a USACE Individual or Regional General Permit are alternatives to a nationwide permit.
- Keep in mind that if the impacts to all USACE-regulated wetlands and waterbodies are complete, then additional permitting work with the USACE is not required.
NEW NWP for 2026 (USACE 2026d)
The USACE is creating NWP 60 activities to improve passage of fish and other aquatic organisms. This nationwide:
- Authorizes discharges of dredged or fill material or work and structures associated with activities to improve fish passage, such as:
- Construction, maintenance, modification, or expansion of fish bypass channels
- Fish screens and other devices to minimize fish entrainment and entrapment
- Devices to guide fish and other aquatic organisms through passage features
- Fish lifts and fish by-pass pipes
- Modification of existing in-stream structures to improve fish passage
- This allows fills of up to one acre in waters of the United States. This is the largest threshold for all NWPs, which are typically one-half acre.
- This does not allow dam removal activities or the construction or installation of new culverts at waterbody crossings.
Pre-construction notification is required for impacts exceeding 1/10 acre.
Have Questions?
Contact Kevin Terlep ([email protected]) to understand your specific project’s needs for this transition.
Citations
U.S. Army Corps of Engineers (USACE). 2026a. “2026 Nationwide Permits.” 2026 Nationwide Permits, USACE. https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/Nationwide-Permits/
U.S. Army Corps of Engineers (USACE). 2026b. 2026 Nationwide Permits General Conditions and Definitions. USACE. https://usace.contentdm.oclc.org/utils/getfile/collection/p16021coll9/id/3209
U.S. Army Corps of Engineers (USACE). 2026c. “Decision Document Nationwide Permit 27.” 2026 Nationwide Permits, USACE.https://usace.contentdm.oclc.org/utils/getfile/collection/p16021coll9/id/3175
U.S. Army Corps of Engineers (USACE). 2026d. “Decision Document Nationwide Permit 60.” 2026 Nationwide Permits, USACE. https://usace.contentdm.oclc.org/utils/getfile/collection/p16021coll9/id/3206
U.S. Army Corps of Engineers (USACE). 2026e. “Nationwide Permit Reissuance Fact Sheet.” 2026 Nationwide Permits, USACE. https://usace.contentdm.oclc.org/utils/getfile/collection/p16021coll9/id/3210
U.S. Army Corps of Engineers (USACE). 2026f. Summary of the 2026 Nationwide Permits. USACE. https://usace.contentdm.oclc.org/utils/getfile/collection/p16021coll9/id/3211
