Historical Overview and Associated Documents Regarding Nationwide Permits under Section 404 of the Clean Water Act
**U.S. Army Corps of Engineers Announces Renewal of Nationwide Permits**
The U.S. Army Corps of Engineers (USACE) is currently in the process of renewing its Nationwide Permits (NWPs), which authorise activities in waters and wetlands with minimal environmental impact. The current NWPs, initially issued in 2017, are set to expire on March 14, 2026 [1][4].
In a move to ensure continued streamlined regulation of certain water-related projects, USACE published a proposal to reissue 56 existing NWPs, issue one new NWP related to fish passage, and not reissue one existing NWP concerning finfish mariculture on June 18, 2025 [2][3][4]. The proposal was made public with a comment period open until July 18, 2025 [3].
The NWPs streamline authorisation for numerous regulated activities under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act, ensuring those activities cause no more than minimal individual and cumulative adverse environmental effects [1][2][4]. These permits cover activities ranging from aids to navigation, utility lines, residential developments, to maintenance projects in aquatic environments [2][4].
After public comment and consultation, regional conditions may be added by division engineers to further protect sensitive local ecosystems or species [4]. A notable addition is NWP 53, which provides an efficient authorization process for the removal of low-head dams to restore streams and enhance public safety. Another new permit, NWP 54, covers the construction and maintenance of living shorelines to control erosion in coastal areas [1].
In a significant development, the Corps reissued 12 existing and 4 new NWPs on January 13, 2021, with the reissued NWPs expiring on March 14, 2026 [1]. The maximum acreage limit under the new and modified NWPs is one-half acre, and most new NWPs require that the Corps be notified of activities impacting more than one-tenth of an acre [1].
The USACE has a history of periodic review and modification of its NWPs. In 2001, the Corps published a proposal to reissue and modify NWPs [1]. This was followed by the publication of the final new and modified replacement NWPs in 2000 [1]. Similar proposals were made in 1998, 1999, and 2006 [1].
The Corps' New England District is also proposing to issue state-wide General Permits for Maine, set to take effect October 15, 2025, replacing existing ones expiring October 14, 2025, serving similar purposes under the Clean Water Act and Rivers and Harbors Act [1].
As the comment period for the current NWP renewal proposal comes to a close, the USACE continues its commitment to balancing the need for infrastructure development with the protection of the nation's waters and wetlands.
- The renewed Nationwide Permits (NWPs) by the U.S. Army Corps of Engineers (USACE) authorize activities in waters and wetlands that have minimal impact on both land and water environments.
- The NWPs streamline authorization for utility lines, which are a part of the broader industrial sector, to be built in aquatic environments without causing more than minimal adverse environmental effects.
- The USACE's move to issue a new NWP related to fish passage can be seen as an effort to ensure the health and vitality of aquatic life, a crucial aspect of environmental science.
- The business community could be impacted by the expiring NWP concerning finfish mariculture, as this activity falls under the broader category of energy-intensive industries that rely on water resources for their operations.
