Federal: 2026 wetlands nationwide permits take effect; New York requires individual water certification for ten permits
The Army Corps' 2026 nationwide permits took effect March 15, 2026 and apply in all four states. New York's December 18, 2025 certification grants conditional blanket certification to most but requires individual certification for ten, including NWP 12. Eligible work under the 2021 permits has until March 14, 2027.
This is a federal action that governs small and medium wetland and stream fills in New Jersey, New York, Connecticut and Pennsylvania, with the state's water quality certification deciding how each permit may be used. The U.S. Army Corps of Engineers published Reissuance and Modification of Nationwide Permits, 91 Fed. Reg. 768 (January 8, 2026), under which 57 nationwide permits ("NWPs") took effect on March 15, 2026 and expire on March 15, 2031. The set comprises the reissued permits and one new permit, NWP A, for activities to improve the passage of fish and other aquatic organisms.
91 Fed. Reg. 768 (Jan. 8, 2026); 33 C.F.R. § 330.5(c); NYSDEC Section 401 Water Quality Certification Decision for Corps Nationwide Permits (Dec. 18, 2025)