On June 18, 2025, the U.S. Army Corps of Engineers proposed to revise and reissue its Nationwide Permits (NWPs) under the Clean Water Act. NWPs are general permits that provide streamlined federal authorization for categories of activities in jurisdictional wetlands, streams, and other waters — offering a more efficient and cost-effective alternative to individual Section 404 permits. For many development projects, they are the only practical path forward, though many project proponents continue to face delays receiving Corps approvals under the NWPs.

The Corps proposes to:

• Reissue 56 of the existing 57 NWPs, in some cases with revised text or additional notes for clarification;
• Withdraw one (NWP 56, authorizing Finfish Mariculture Activities);
• Introduce a new NWP (Activities to Improve Passage of Fish and Other Aquatic Organisms); and
• Modify or clarify several “general conditions” and definitions that apply to all NWPs.

Notably, proposed changes to NWP 27 (Aquatic Ecosystem Restoration, Enhancement, and Establishment Activities) aim to streamline the permitting process and reduce costs for restoration activities, including development of mitigation banks.

In addition, the Corps’ district offices separately noticed proposed revisions to the “regional conditions” that apply to NWPs. Regional conditions tailor NWPs to ensure authorized activities result in no more than minimal individual and cumulative adverse environmental effects in specific regions. These can affect thresholds for impacts, preconstruction notification requirements, and more.

• The Federal Register notice for the proposed NWPs is available here; comments are due July 18, 2025.
• The Public Noice for the Savannah District’s proposed regional conditions is available here; comments are due Aug. 2, 2025.
• Links to other district regulatory offices will be posted on the Corps’ rulemaking docket.

If you have questions about how these proposals could affect your projects or businesses, please contact Lewis Jones or John Fortuna.