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The U.S. Army Corps of Engineers (“Corps”) has proposed (NWPs) for impacts to wetlands and streams, which are set to expire in March 2026. In response, ��㴫ý 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.

��㴫ý requested that the Corps prioritize finalization of the proposed rule to prevent a lapse in coverage. However, ��㴫ý 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. ��㴫ý 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. ��㴫ý 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. ��㴫ý suggests at least 24 months.
4. Enforce ESA Consultation Timelines: Delays in species impact reviews often stall projects. Agencies must follow defined timelines.

��㴫ý 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.