NAHB Proposes Revisions for a More Efficient Nationwide Permit Program

The U.S. Army Corps of Engineers (“Corps”) has proposed reissuing and updating its Nationwide Permits (NWPs) for impacts to wetlands and streams, which are set to expire in March 2026. In response, NAHB submitted comments urging swift reauthorization and sensible reforms to support housing development.

NWPs allow builders to complete activities with minimal impacts on federally regulated wetlands and streams — such as grading, stormwater controls and utility connections — without obtaining costly and time-intensive individual permits. The Clean Water Act requires the Corps to reauthorize the NWP program every five years to prevent a lapse in NWP availability.

NAHB requested that the Corps prioritize finalization of the proposed rule to prevent a lapse in coverage. However, NAHB also requested that the Corps undertake an additional rulemaking to incorporate significant reforms that would improve efficiency of the NWP program. These reforms include:

1. Raising Acreage Eligibility Thresholds: Currently, most NWPs — including NWP 29 for residential developments — restrict permit applicability to ½ acre of impact. This limits projects’ access to streamlined permits. NAHB urges reevaluation to meet housing needs.
2. Raising Compensatory Mitigation Thresholds: Similarly, General Condition 23 requires purchase of wetland credits or other mitigation when impacts exceed 1/10 acre. NAHB requests that the Corps consider increasing this threshold.
3. Extending Authorization Period: Currently, projects authorized under expiring NWPs have 12 months to begin contracting or construction. This limit is too short for many residential construction timelines. NAHB suggests at least 24 months.
4. Enforce ESA Consultation Timelines: Delays in species impact reviews often stall projects. Agencies must follow defined timelines.

NAHB urges the Corps to finalize this proposal and pursue further reforms that streamline permitting, reduce housing costs, and support residential and mixed-use development. Staff are monitoring the Corps’ responses to comments and next steps.