REISSUANCE OF NWPs: On January 8, 2026, the U.S. Army Corps of Engineers (Corps) published a final action in the Federal Register 91 FR 768 announcing the reissuance of 56 existing nationwide permits (NWPs) and one new NWP, as well as the reissuance of NWP general conditions and definitions with some modifications. These 57 NWPs will go into effect on March 15, 2026, and will expire on March 15, 2031. One NWP was not reissued.
The Corps has also issued final decision documents for the new and reissued
NWPs. These final decision documents are available at www.regulations.gov at docket number COE-2025-0002. Furthermore, the national NWP decision documents will be supplemented by Division Engineers to address decisions concerning the addition of regional conditions to the NWPs.
EXPIRATION OF 2021 NWPs: The 56 existing NWPs published in the January 8, 2026, final action replace the 2021 versions of these NWPs. The 2021 versions of these NWPs expire on March 14, 2026.
REGIONAL CONDITIONS: With the publication of this Federal Register notice, Corps divisions will begin finalizing regional conditions for these 57 NWPs. Regional conditions will provide additional protection for the aquatic environment and will help ensure that the NWPs authorized only those activities with no more than minimal adverse environmental effects. Regional conditions will help ensure protection of high value waters within the San Francisco District boundary of California.
Corps divisions and districts will also begin determining which conditions for water quality certifications issued by states, tribes, and the EPA for the issuance of these NWPs become conditions of these NWPs. Corps divisions and districts will also begin determining which conditions for Coastal Zone Management Act consistency concurrences issued by states for the issuance of these NWPs become conditions of these NWPs. Those regional conditions will be announced in a future public notice issued by the San Francisco District.
FOR ADDITIONAL INFORMATION: The January 8, 2026, Federal Register notice is available for viewing at: https://www.federalregister.gov/documents/2026/01/08/2026-00121/reissuance-and-modification-of-nationwide-permits
As an alternative, interested parties can access the January 8, 2026, final action and related documents at: https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/Nationwide-Permits/
If you have questions about the final action to reissue or issue the 2026 NWPs, you may contact Corps Headquarters at U.S. Army Corps of Engineers, Attn: CECW-CO-R, 441 G Street NW, Washington, DC 20314-1000 or see further contact information in the January 8, 2026, Federal Register notice 91 FR 768.
If you have questions concerning regional conditions, please contact Mr. Zachary Simmons at Zachary.M.Simmons@usace.army.mil. If additional information is needed about permit requirements, please contact the Regulatory Division of the San Francisco District, as provided at the following link: https://www.spn.usace.army.mil/Missions/Regulatory.aspx.
Enclosure: Index of 2026 Nationwide Permits, General Conditions, and Definitions that go into effect on March 15, 2026
Index of 2026 Nationwide Permits, General Conditions, and Definitions that go into effect on March 15, 2026
Nationwide Permits:
1. Aids to Navigation
2. Structures in Artificial Canals
3. Maintenance
4. Fish and Wildlife Harvesting, Enhancement, and Attraction Devices and Activities
5. Scientific Measurement Devices
6. Survey Activities
7. Outfall Structures and Associated Intake Structures
8. Oil and Gas Structures on the Outer Continental Shelf
9. Structures in Fleeting and Anchorage Areas
10. Mooring Buoys
11. Temporary Recreational Structures
12. Oil or Natural Gas Pipeline Activities
13. Bank Stabilization
14. Linear Transportation Projects
15. U.S. Coast Guard Approved Bridges
16. Return Water From Upland Contained Disposal Areas
17. Hydropower Projects
18. Minor Discharges
19. Minor Dredging
20. Response Operations for Oil or Hazardous Substances
21. Surface Coal Mining Activities
22. Removal of Vessels
23. Approved Categorical Exclusions
24. Indian Tribe or State Administered Section 404 Programs
25. Structural Discharges
26. [Reserved]
27. Aquatic Ecosystem Restoration, Establishment, and Enhancement Activities
28. Modifications of Existing Marinas
29. Residential Developments
30. Moist Soil Management for Wildlife
31. Maintenance of Existing Flood Control Facilities
32. Completed Enforcement Actions
33. Temporary Construction, Access, and Dewatering
34. Cranberry Production Activities
35. Maintenance Dredging of Existing Basins
36. Boat Ramps
37. Emergency Watershed Protection and Rehabilitation
38. Cleanup of Hazardous and Toxic Waste
39. Commercial and Institutional Developments
40. Agricultural Activities
41. Reshaping Existing Drainage Ditches
42. Recreational Facilities
43. Stormwater Management Facilities
44. Mining Activities
45. Repair of Uplands Damaged by Discrete Events
46. Discharges in Ditches
47. [Reserved]
48. Commercial Shellfish Mariculture Activities
49. Coal Remining Activities
50. Underground Coal Mining Activities
51. Land-Based Renewable Energy Generation Facilities
52. Water-Based Renewable Energy Generation Pilot Projects
53. Removal of Low-Head Dams
54. Living Shorelines
55. Seaweed Mariculture Activities
56. [Reserved]
57. Electric Utility Line and Telecommunications Activities
58. Utility Line Activities for Water and Other Substances
59. Water Reclamation and Reuse Facilities
60. Activities to Improve Passage of Fish and Other Aquatic Organisms
Nationwide Permit General Conditions:
1. Navigation
2. Aquatic Life Movements
3. Spawning Areas
4. Migratory Bird Breeding Areas
5. Shellfish Beds
6. Suitable Material
7. Water Supply Intakes
8. Adverse Effects from Impoundments
9. Management of Water Flows
10. Fills Within 100-Year Floodplains
11. Equipment
12. Soil Erosion and Sediment Controls
13. Removal of Temporary Fills
14. Proper Maintenance
15. Single and Complete Project
16. Wild and Scenic Rivers
17. Tribal Rights
18. Endangered Species
19. Migratory Birds and Bald and Golden Eagles
20. Historic Properties
21. Discovery of Previously Unknown Remains and Artifacts
22. Designated Critical Resource Waters
23. Mitigation
24. Safety of Impoundment Structures
25. Water Quality
26. Coastal Zone Management
27. Regional and Case-by-Case Conditions
28. Use of Multiple Nationwide Permits
29. Transfer of Nationwide Permit Verifications
30. Compliance Certification
31. Activities Affecting Structures or Works Built by the United States
32. Pre-Construction Notification
District Engineer’s Decision:
Further Information:
Nationwide Permit Definitions;
Best management practices (BMPs)
Compensatory mitigation
Currently serviceable
Direct effects
Discharge
Ecological reference
Enhancement
Establishment (creation)
High Tide Line
Historic property
Independent utility
Indirect effects
Loss of waters of the United States
Nature-based solutions
Navigable waters
Non-tidal wetland
Open water
Ordinary high water mark
Perennial stream
Practicable
Pre-construction notification
Preservation
Re-establishment
Rehabilitation
Restoration
Riffle and pool complex
Riparian areas
Shellfish seeding
Single and complete linear project
Single and complete non-linear project
Stormwater management
Stormwater management facilities
Stream bed
Stream channelization
Structure
Tidal wetland
Tribal lands
Tribal rights
Vegetated shallows
Waterbody