FEDERAL REGISTER NOTICE ANNOUNCING THE
NORFOLK DISTRICT’S FINAL REGIONAL CONDITIONS,
401 WATER QUALITY CERTIFICATION, AND COASTAL ZONE
MANAGEMENT ACT DETERMINATION FOR THE 2026 NATIONWIDE PERMITS
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:
- NWP 1. Aids to Navigation
- NWP 2. Structures in Artificial Canals
- NWP 3. Maintenance
- NWP 4. Fish and Wildlife Harvesting, Enhancement, and Attraction Devices and Activities
- NWP 5. Scientific Measurement Devices
- NWP 6. Survey Activities
- NWP 7. Outfall Structures and Associated Intake Structures
- NWP 8. Oil and Gas Structures on the Outer Continental Shelf
- NWP 9. Structures in Fleeting and Anchorage Areas
- NWP 10. Mooring Buoys
- NWP 11. Temporary Recreational Structures
- NWP 12. Oil or Natural Gas Pipeline Activities
- NWP 13. Bank Stabilization
- NWP 14. Linear Transportation Projects
- NWP 15. U.S. Coast Guard Approved Bridges
- NWP 16. Return Water From Upland Contained Disposal Areas
- NWP 17. Hydropower Projects
- NWP 18. Minor Discharges
- NWP 19. Minor Dredging
- NWP 20. Response Operations for Oil or Hazardous Substances
- NWP 21. Surface Coal Mining Activities
- NWP 22. Removal of Vessels
- NWP 23. Approved Categorical Exclusions
- NWP 24. Indian Tribe or State Administered Section 404 Programs
- NWP 25. Structural Discharges
- NWP 27. Aquatic Ecosystem Restoration, Enhancement, and Establishment Activities
- NWP 28. Modifications of Existing Marinas
- NWP 29. Residential Developments
- NWP 30. Moist Soil Management for Wildlife
- NWP 31. Maintenance of Existing Flood Control Facilities
- NWP 32. Completed Enforcement Actions
- NWP 33. Temporary Construction, Access, and Dewatering
- NWP 34. Cranberry Production Activities
- NWP 35. Maintenance Dredging of Existing Basins
- NWP 36. Boat Ramps
- NWP 37. Emergency Watershed Protection and Rehabilitation
- NWP 38. Cleanup of Hazardous and Toxic Waste
- NWP 39. Commercial and Institutional Developments
- NWP 40. Agricultural Activities
- NWP 41. Reshaping Existing Drainage and Irrigation Ditches
- NWP 42. Recreational Facilities
- NWP 43. Stormwater Management Facilities
- NWP 44. Mining Activities
- NWP 45. Repair of Uplands Damaged by Discrete Events
- NWP 46. Discharges in Ditches
- NWP 48. Commercial Shellfish Mariculture Activities
- NWP 49. Coal Remining Activities
- NWP 50. Underground Coal Mining Activities
- NWP 51. Land-Based Renewable Energy Generation Facilities
- NWP 52. Water-Based Renewable Energy Generation Pilot Projects
- NWP 53. Removal of Low-Head Dams
- NWP 54. Living Shorelines
- NWP 55. Seaweed Mariculture Activities
- NWP 57. Electric Utility Line and Telecommunications Activities
- NWP 58. Utility Line Activities for Water and Other Substances
- NWP 59. Water Reclamation and Reuse Facilities
- NWP 60. Activities to Improve Passage of Fish and Other Aquatic Organisms
The NWP general conditions and definitions that were issued in the final rule published in the January 8, 2026, issue of the Federal Register (91 FR 768) apply to the reissuance of 56 NWPs and one new NWP. 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.
This Public Notice also announces Norfolk District’s Final Regional Conditions, the Section 401 Water Quality Certification (WQC) and the Coastal Zone Management Act (CZMA) determination for the 57 nationwide permits (NWPs). The Norfolk District received the CZMA determination on August 22, 2025, and the Section 401 WQC on November 6, 2025, from the Commonwealth of Virginia’s Department of Environmental Quality (DEQ) for the 57 NWPs and the regional conditions applicable in Virginia, including the Northern Virginia Military Installations within Baltimore District’s Area of Responsibility and Lake Holston within Nashville District’s Area of Responsibility.
On November 6, 2025, the Virginia Department of Environmental Quality (DEQ) waived water quality certification (WQC) for Nationwide Permit 32 and granted WQC for Nationwide Permits 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 27, 28, 29, 30, 31, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 48, 49, 50, 51, 52, 53, 54, 55, 57, 58, 59, and 60 pursuant to Section 401 of the Clean Water Act (CWA) (33 U.S.C. § 1341), Virginia Code §§ 62.1-44.14 & 62.1-44.41, and 9 Va. Admin. Code 25-210-130.
Norfolk District considered all public comments as well as federal and state agency comments and revised the regional conditions as appropriate. The Norfolk District’s Final Regional Conditions, Norfolk District’s 2026 Nationwide Permit Enclosures, Section 401 Water Quality Certification, and Coastal Zone Management Determination for the 57 NWPs are available on our webpage at: https://www.nao.usace.army.mil/Missions/Regulatory-Branch/Regulatory-Permits/.
The expiration date of the 57 NWPs that went into effect on March 15, 2021, and February 25, 2022, is March 14, 2026. This expiration date was expressly provided for in the rulemakings establishing these NWPs (see 86 FR 2744 and 86 FR 73522). An activity completed under the authorization provided by a 2021 NWP continues to be authorized by that NWP (see 33 CFR part 330.6(b)). Activities authorized by the 2021 NWPs that have commenced or are under contract to commence by March 14, 2026, will have one year (i.e., until March 14, 2027) to complete those activities (see 33 CFR 330.6(b)). Activities previously authorized by the 2021 NWPs that have not commenced or are not under contract to commence by March 14, 2026, or that will not be completed by March 14, 2027, will require reauthorization under the 2026 NWPs, provided those activities still comply with the terms and conditions, and qualify for authorization under the 2026 NWPs. If those activities no longer qualify for NWP authorization because they do not meet the terms and conditions of the 2026 NWPs (including any regional conditions imposed by division engineers), the project proponent will need to obtain an individual permit, or seek authorization under a regional general permit, if such a general permit is available in the applicable Corps district and can be used to authorize the proposed activity.
If you have any questions, please contact Melissa Nash at (757) 201-7489 or by email at melissa.a.nash@usace.army.mil or Michael Bannon at (804) 510-3505 or michael.r.bannon@usace.army.mil or use the Regulatory Contact page at https://www.nao.usace.army.mil/Missions/Regulatory-Branch/Regulatory-Contacts/.
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 2026 Nationwide Permits, final actions and related documents at: https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/Nationwide-Permits/.
PRIVACY & CONFIDENTIALITY: Comments and information, including the identity of the submitter, submitted in response to this Public Notice may be disclosed, reproduced, and distributed at the discretion of the U.S. Army Corps of Engineers. Information that is submitted in connection with this Public Notice cannot be maintained as confidential by the U.S. Army Corps of Engineers. Submissions should not include any information that the submitter seeks to preserve as confidential.