2026 Nationwide Permit Reissuance: What Changed and What It Means for Your Wetland Permit
The US Army Corps of Engineers has reissued the Nationwide Permits effective March 15, 2026. If you hold a wetland permit, manage projects that require Section 404 authorization, or work anywhere near jurisdictional waters, this reissuance is on your radar.
The good news: don’t sweat it. The changes are minimal, and your permitting process should not require significant adjustments.
In this article, we break down what changed, what stayed the same, which permits deserve a closer look, and what you need to know if you currently hold a Nationwide Permit that was issued under the previous cycle.
What Is a Nationwide Permit?
For those less familiar with the process, a Nationwide Permit (NWP) is a type of general wetland permit issued by the US Army Corps of Engineers under Section 404 of the Clean Water Act. These permits authorize specific categories of activities that cause minimal adverse effects to aquatic environments, such as utility line installations, pipeline crossings, and minor road construction.
Nationwide Permits are reissued on a recurring cycle. Each reissuance updates conditions, definitions, and sometimes adds or removes permit categories entirely. The 2026 reissuance follows this pattern, and project teams across the oil and gas, energy, telecom, and transportation sectors should understand what has and has not changed.
If your project involves any activity that impacts wetlands, streams, or other waters of the US, a Nationwide Permit may be your primary authorization pathway.
How Many Permits Were Reissued?
The Corps reissued 56 Nationwide Permits in total. Of those 56, only 15 had any modifications, and the majority of those modifications were minor.
One permit was removed from the program: the fin fish mariculture permit. One new permit was added covering fish and other aquatic organism passage. For most practitioners, neither of these changes will affect day-to-day permitting work.
What Actually Changed?
Most of the modifications across the 15 updated permits fall into a few categories. The Corps added advisory or recommendation language for projects that involve coordination with NOAA or the Coast Guard. Several permits now include suggestions for incorporating nature-based solutions into project design. These are largely best-practice recommendations rather than hard requirements that alter your permitting obligations.
Two general conditions were also updated. General Condition 28, which governs the use of multiple Nationwide Permits on a single project, received revisions. General Condition 30, covering compliance certification, had a minor verbiage change that should not materially impact how you manage on your projects.
There were no changes to the definitions section.
Three Permits to Read Closely
If your projects regularly involve Nationwide Permits 27, 45, or 54, take the time to review the updated language. While the changes are not dramatic, they are worth understanding for your specific permitting workflow.
NWP 27 covers aquatic habitat restoration, enhancement, and establishment activities. NWP 45 addresses repair of uplands damaged by discrete events. NWP 54 covers living shorelines. Each of these received enough modification to warrant a careful read if they are part of your standard wetland permitting toolkit.
For all other Nationwide Permits, the reissuance should not change your process.
What Current Wetland Permit Holders Need to Know About Grandfathering
If you have already been issued a Nationwide Permit under the previous cycle and are wondering what actions you need to take, check the “Grandfathering” section of the Summary Fact Sheet published by the Corps.
Grandfathering provisions determine whether your existing authorization remains valid under the new permit terms or whether you need to take additional steps. The specifics depend on where your project stands in the construction and compliance timeline, so reviewing this section is important if you have active permits in play.
The Whitenton Group team regularly assists clients in navigating permit transitions between reissuance cycles. If you have questions about how grandfathering applies to your specific situation, we can help you evaluate your options and stay on track.
Why This Matters for Project Timelines
Environmental permitting is often the longest lead-time item on a project schedule. When a reissuance introduces significant changes, it can create confusion, delays, and unnecessary back-and-forth with the Corps of Engineers. The fact that this reissuance is largely status quo is genuinely good news for anyone managing construction timelines in the energy, pipeline, or infrastructure sectors.
That said, the worst habit in this business is assuming nothing changed without actually reading the updates. A 15-minute review of the permits relevant to your work is a small investment that prevents surprises down the line.
At Whitenton Group, our principals work directly with the Corps of Engineers and other regulatory agencies. We staff projects with senior professionals who understand the permitting process from start to finish, and we have been navigating these reissuance cycles for over 30 years.
USACE Resources for the 2026 Nationwide Permits
The following resources are published by the US Army Corps of Engineers and provide the full details of the 2026 reissuance:
- 2026 Nationwide Permits Summary Chart
- 2026 Nationwide Permits Fact Sheet (includes Grandfathering section)
- 2026 Nationwide Permits, General Conditions, and Definitions – Full Version
Frequently Asked Questions
How many Nationwide Permits changed in the 2026 reissuance?
Of the 56 reissued permits, only 15 had modifications. The majority of those were minor advisory changes related to NOAA coordination, Coast Guard coordination, or nature-based solution recommendations. No changes were made to the definitions section.
Which Nationwide Permits should I review most carefully?
If you work with NWP 27 (aquatic habitat restoration), NWP 45 (repair of uplands), or NWP 54 (living shorelines), review the updated language. For all other permits, the changes are unlikely to affect your process.
What happens to my existing Nationwide Permit after the March 15 reissuance?
The Corps has published grandfathering provisions in the Summary Fact Sheet. Whether your existing permit remains valid or requires additional action depends on your project status. Review the Grandfathering section of the Fact Sheet or contact an environmental consultant to evaluate your specific situation.
Were any Nationwide Permits added or removed?
One permit was removed: fin fish mariculture. One was added: fish and aquatic organism passage. These changes affect a narrow set of practitioners and are unlikely to impact most wetland permit holders in the energy and infrastructure sectors.
Do I need to change my wetland permitting process because of this reissuance?
In most cases, no. The 2026 reissuance does not introduce changes significant enough to require process adjustments. However, it is always good practice to read the updated conditions for any permits you use regularly.
Where can I find the full text of the 2026 Nationwide Permits?
The US Army Corps of Engineers has published the complete listing, including all general conditions and definitions, on their website. Links are provided in the resources section above.
Need Help Navigating the Permitting Process?
Whitenton Group has spent 30 years helping clients in oil and gas, energy, telecom, and transportation move through the regulatory process efficiently. Our principals work directly with the Corps of Engineers and other agencies, staffing every project with senior professionals who know the permitting landscape.
If you have questions about the 2026 Nationwide Permit reissuance, grandfathering provisions, or any aspect of your wetland permitting and environmental compliance needs, contact us today.
