Significant federal changes to environmental permitting processes effective March 15, 2026 - by Jason Aube

According to the U.S. Army Corps of Engineers (USACE), in an effort to provide greater consistency throughout the New England District and the collective United States, and to improve efficiency through the standardizing of the existing USACE permitting system, on March 15, 2026, 57 Nationwide Permits (NWPs) will become effective. These NWPs will replace the unique Regional General Permits (RGPs) which have historically been issued to each of the New England States by the New England District of the U.S. Army Corps of Engineers.

Under Section 404(e)(1) of the Clean Water Act, the Secretary of the Army has had the authority to issue General Permits on a State, Regional, or Nationwide basis for various activities that proposed discharges of dredged or fill material into the Waters of the U.S. (WOTUS).

Today, WOTUS, an often-controversial topic with a definition that changes regularly with legal challenges and shifting federal administrations, includes adjacent wetlands that have a “continuous surface connection” to navigable waters. Under Section 10 of the Rivers and Harbors Act of 1899, the USACE also has the authority to issue General Permits on a State, Regional, or Nationwide basis to approve the construction of structures and other work within navigable Waters of the United States.

The purpose of granting this authority to the USACE is to streamline the process of obtaining federal approvals to impact wetlands and waters of the United States. Essentially, by predetermining and categorizing relatively commonplace activities that would only cause minimal adverse environmental impacts when performed separately and/ or cumulatively, project leads can obtain federal approvals through relatively streamlined processes. Within New England, activities that met specific criteria (often resource type and impact size based) identified within a State Regional General Permit, and permitted through a state regulating authority, typically require only limited additional federal oversight. 

However, within the regulated community, the differences between each New England State’s Regional General Permits have long been a source of confusion. For example, while the state of Maine has 37 state-wide Regional General Permits (activities that qualify for a more streamlined permitting process), the other five New England States have no more than 25. There are also vast differences between each New England State’s Regional General Permits relative to the resource types and impact area thresholds that qualify for a Regional General Permit. For instance, within the New England state General Permits, the threshold for impacts to inland wetlands ranges from 0.5 acres to 3 acres.

The new standardized threshold for activities associated with impacting non-tidal resources (inland water resources), for all U.S. States, achieved through the new Nationwide Permit, will be 0.5 acres. Developers in some states, such as NH, who may be accustomed to a NH General Permit that allowed up to 3 acres of impacts to wetlands, will have to adjust to this new requirement. Developers that cannot meet the new Nationwide Permit threshold of 0.5 acres of non-tidal resource impacts, in addition to the local and state permitting requirements, will also be required to apply for an Individual Permit (IP) directly through the U.S. Army Corps of Engineers. In addition to applying for the IP, applicants will also be required to complete a full review under Section 401 of Clean Water Act so that a formal Water Quality Certification (WQC) can be issued and, in some instances, applicants may also be required to engage in project review and approval under the Federal Coastal Zone Management Act (CZMA).

The U.S. Army Corps of Engineers has provided this guidance document that explains each of the 57 Nation Wide Permits and it includes additional definitions and general permit conditions. As with siting any project, the earlier you can determine the natural resource types and locations at a potential site, the greater the likelihood of avoiding pitfalls and costly delays.

Jason Aube, CWS, is a senior environmental scientist, director of environmental permitting with TFMoran, Inc., Bedford, N.H.