Army Corps of Engineers' Nationwide Permits Program: Issues and Regulatory Developments [April 2, 2008] [open pdf - 182KB]
"Permits issued by the U.S. Army Corps of Engineers authorize various types of development projects in wetlands and other waters of the United States. The Corps' regulatory process involves two types of permits: general permits for actions by private landowners that are similar in nature and will likely have a minor effect on wetlands, and individual permits for more significant actions. The Corps uses general permits to minimize the burden of its regulatory program: they authorize landowners to proceed with a project without the time-consuming need to obtain standard individual permits in advance. About 90% of the Corps' regulatory workload is processed in the form of general permits. […] Coordinating implementation of the nationwide permits between federal and state governments also raises a number of issues. Of particular concern to states is tension over whether their authority to certify the nationwide permits is sufficient to assure that water quality standards or coastal zone management plans will not be violated. Congressional interest in wetlands permit regulatory programs has been evident in the past in oversight hearings and in connection with specific provisions of bills to fund the Corps' regulatory programs. For some time, there has been a stalemate over legislation that would revise wetlands regulatory law and that could, if enacted, modify the nationwide permit program. During this time, no consensus has emerged on whether or how to reform overall wetlands policy legislatively. Congressional involvement in these issues could arise again as a result of reissuance of the nationwide permits in 2007."
CRS Report for Congress, 97-223