2026 Nationwide Permit Updates

Earlier this month, the U.S. Army Corps of Engineers (Corps) finalized the 2026 Nationwide Permits (NWPs), reissuing 56 existing nationwide permits and issuing one new NWP, along with reissued nationwide permit general conditions and definitions that include limited modifications. The permits were published in the Federal Register on January 8, 2026. They will take effect on March 15, 2026, and are scheduled to expire on March 15, 2031, replacing the 2021 NWPs. This summary evaluates the NWPs most commonly used by Transect customers and highlights where changes did and did not occur.

Overall, the Corps largely retained the 2021 nationwide permitting framework, with updates focused primarily on clarification rather than significant substantive changes. While the nationwide permit text itself remains largely unchanged, project applicability and approval requirements may still vary by location due to Regional Conditions that apply at the district level, as well as Section 401 water quality certification decisions by states and tribes.

NWP 3 – Maintenance

NWP 3 was reissued without changes. The 2026 version represents a continuation of the 2021 framework rather than a policy shift. The Corps declined to modify the permit’s scope or conditions and reaffirmed its longstanding interpretations, enforcement approach, and environmental impact conclusions. No new acreage limits, documentation requirements, or pre-construction notification (PCN) triggers were added.

NWP 12 – Oil or Natural Gas Pipeline Activities

NWP 12 was reissued with no changes to impact limits, PCN thresholds, or eligibility. The permit continues to authorize oil and natural gas pipeline activities with a permanent loss limit of ½ acre of Waters of the United States per single and complete project. A PCN is required for losses exceeding 1/10 acre, for activities requiring Section 10 authorization, and for projects associated with an overall pipeline length greater than 250 miles when the primary purpose is new pipeline installation. 

The 2026 reissue adds a new note encouraging coordination with the U.S. Coast Guard for structures or work in navigable waters, including sharing location and dimensional information prior to construction or PCN submittal. These updates focus on navigation safety and interagency coordination rather than introducing new thresholds or limitations.

NWP 14 – Linear Transportation Projects

NWP 14 was reissued without modification. The permit retains a ½-acre loss limit for non-tidal waters and a ⅓-acre loss limit for tidal waters. A PCN is required for losses exceeding 1/10 acre and for any discharge of fill into special aquatic sites. Provisions governing temporary construction mats, restoration to pre-construction contours, and the application of the “single and complete project” framework remain unchanged.

NWP 29 – Residential Developments

NWP 29 was reissued without changes. The permit continues to require a PCN for all activities and retains a ½-acre limit on permanent losses of Waters of the United States for a single and complete residential development. For residential subdivisions, the ½-acre limit applies in the aggregate across the entire subdivision, including losses associated with individual lots and shared infrastructure. Project review continues to rely on district engineer discretion, avoidance and minimization requirements, and applicable compensatory mitigation thresholds.

NWP 39 – Commercial and Institutional Developments

NWP 39 was reissued with limited clarification. The permit was modified to include data centers (including artificial intelligence and machine learning facilities), pharmaceutical manufacturing facilities, and storage facilities as examples of commercial developments, while reaffirming that the list is not exhaustive. The permit continues to authorize activities resulting in up to ½ acre of permanent loss of non-tidal Waters of the United States and requires a PCN for all activities. No changes were made to impact thresholds, PCN requirements, or mitigation expectations.

NWP 51 – Land-Based Renewable Energy Generation Facilities

NWP 51 was reissued without changes. The permit continues to authorize construction, expansion, or modification of land-based renewable energy facilities with a permanent loss limit of ½ acre of Waters of the United States. A PCN is required for losses exceeding 1/10 acre. The Corps reaffirmed that battery energy storage systems may be eligible under NWP 51 or other NWPs, including NWP 39 and NWP 57, depending on project characteristics, but did not expand the scope of NWP 51 or revise eligibility criteria, impact thresholds, or notification requirements.

NWP 57 – Electric Utility Line and Telecommunications Activities

NWP 57 includes limited procedural clarifications. The Corps revised an existing note and added a new note identifying information that should be provided to the National Ocean Service and the U.S. Coast Guard for activities affecting navigation. The permit continues to prohibit changes to pre-construction contours in Waters of the United States and retains a ½-acre permanent loss limit, with a PCN required for losses exceeding 1/10 acre. 

The Corps also acknowledged that certain components of battery energy storage systems may be authorized under NWP 57 where the regulated activity involves electric utility lines or related infrastructure, but did not expand the scope of the permit to broadly authorize battery storage facilities. No new restrictions on mechanized land clearing or additional PCN thresholds were added.

NWP 58 – Utility Line Activities for Water and Other Substances

NWP 58 includes similar coordination clarifications and a clarification of scope. The Corps explicitly confirmed that pipelines conveying carbon dioxide, hydrogen, methanated hydrogen, wastewater, brine, irrigation water, and other non-petrochemical substances may be authorized under this permit. The permit retains a ½-acre loss limit and requires a PCN for losses exceeding 1/10 acre. Mitigation requirements remain unchanged, and the Corps declined to create a separate NWP specifically for carbon dioxide pipelines.

Summary

Across the NWPs most relevant to Transect customers, the 2026 reissuance reflects continuity with the 2021 program, with changes limited primarily to clarifications and targeted refinements rather than new restrictions. However, Regional Conditions remain the primary mechanism by which the Corps can further restrict, condition, or limit use of an NWP at the district level and should be reviewed carefully for each project. 

In addition, Section 401 water quality certifications do not alter the nationwide permits themselves, but they govern whether blanket certification applies, whether individual certification is required, and what state or tribal water quality conditions must be satisfied. Many Regional Conditions and Section 401 water quality certification decisions have not yet been finalized for all districts or states, and additional requirements may still be adopted as those processes conclude. As a result, even where the nationwide permit text has not changed, regional and state-level requirements continue to play a decisive role in project timelines, compliance obligations, and overall feasibility.

Sources

U.S. Army Corps of Engineers. (2026). Reissuance and modification of nationwide permits. Federal Register, 91(3), 768–886. https://www.federalregister.gov/d/2026-00121

U.S. Army Corps of Engineers. (n.d.). Nationwide Permits. U.S. Army Corps of Engineers. Retrieved January 15, 2026, from https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/Nationwide-Permits/