Washington has been busy reshaping how Clean Water Act permitting works, and for once, the changes appear aimed at reducing headaches rather than adding new ones. That's really good news, considering that in our 2026 State of the Roadbuilding Industry contractor survey, one of the biggest concerns voiced by contractors was in regards to permitting issues.
The Promoting Efficient Review for Modern Infrastructure Today Act (the PERMIT Act, H.R. 3898) and a slate of companion bills introduced by the House Transportation and Infrastructure Committee are designed to streamline permitting, shrink review timelines, and provide more certainty for contractors working in and around waterways. If you build roads for a living, this matters.
A lot of the pain points that slow down highway projects, lane widening, shoulder additions, site improvements, plant expansions, or even routine culvert replacements stem from delays tied to Sections 402 and 404 of the Clean Water Act. These new reforms attempt to tighten the process and clarify what is and isn’t a federal permitting concern.
Here’s what contractors need to know.
A More Predictable Environment
The biggest impact for road builders is the requirement that the U.S. Army Corps of Engineers maintain nationwide permits (NWPs) for linear infrastructure projects, including road construction, so long as any discharge of dredged or fill material affects less than 3 acres per single and complete project.
Previously, NWP 14 has been the workhorse that allowed highways, turn lanes, drainage improvements, and utility relocations to move forward with manageable oversight. Under the PERMIT Act, these permits become significantly more stable. They’ll last up to ten years instead of five, and they’ll be shielded from new, time-consuming ESA and NEPA reviews each time they’re renewed.
That means fewer surprises mid-project, fewer sudden shifts in permit conditions, and more predictability in your procurement and scheduling cycles.
Faster Wetlands Decisions And Less Regulatory Drift
One of the most chronic delays in road building comes before a single piece of equipment hits the ground: waiting for a jurisdictional determination (JD). Contractors can’t set a construction plan, estimate haul routes, or finalize drainage solutions until they know whether a parcel or ditch qualifies as waters of the United States.
The PERMIT Act mandates that the Corps eliminate its existing backlog of permit applications and JDs. That’s an immediate win for firms. The bill also narrows what qualifies as, “navigable waters,” excluding features like situational drainage ditches that only flow after a rain event.
If these changes hold, many contractors will see a reduction in which projects require federal review at all. For routine work — shoulder widening, culvert replacement, ditch regrading, or tie-ins at intersections — federal permitting could become the exception rather than the rule.
Longer Permit Cycles For Plants And Yards
Another practical change: NPDES permits issued under Section 402 would extend from five years to ten. This matters for asphalt plants, recycling operations, material yards, and long-term staging areas, which often face renewal just as new regulatory priorities emerge.
Doubling the permit term means fewer administrative resets and more stability for producers who are planning capital investments or expanding their operating footprints.
Less Risk Of An EPA Veto
One of the quieter but more significant changes restricts the EPA’s authority to step in and block a Section 404 permit after it has already been issued. Under the PERMIT Act, the agency’s window for intervention closes the moment the Corps issues the permit.
For contractors, that reduces the fear of a surprise reversal that could halt a project that’s already underway. The bill also imposes a firm 60-day statute of limitations for lawsuits against permit approvals, shrinking the litigation window that has derailed many infrastructure projects.
This combination of tighter procedural timelines and fewer opportunities for retroactive review reduces risk for both contractors and DOTs planning multi-year programs.
Clearer Rules for Stormwater Compliance
The bill also clarifies that if a pollutant is covered by a permit, or identified during the application process, the permit holder is considered in compliance for that pollutant as long as they follow the permit terms. For contractors managing stormwater, stockpiles, or process water at asphalt plants, this provides more certainty that compliance will be measured by what is actually written in the permit and not by later reinterpretation.
This is a small but meaningful shift that protects contractors from enforcement surprises.
What This Means for Your Business
Taken together, these reforms could deliver:
- Faster JD and permit turnaround times
- More predictable multi-year permitting conditions
- Less litigation risk for DOTs and their contractors
- Fewer small drainage features triggering federal involvement
- Longer-term stability for asphalt plant permitting
- Lower administrative overhead for owners and project managers
None of this eliminates the need for environmental compliance. It simply tightens a system that, for years, has been plagued by uncertainty and delay.
As contractors know better than anyone, clarity equals efficiency. These reforms won’t solve every permitting challenge, but they have the potential to speed up the projects that keep America’s road network functioning.
The legislation still needs to clear the Senate, and final implementation details will determine how quickly these changes show up in the field. Contractors who want to dive deeper should review the full text of H.R. 3898 and track state-level interpretations as agencies begin adjusting their practices.
