DHS Greenlights 35 NEPA Exceptions for Quicker Projects
Published Date: 8/26/2026
Notice
Summary
The Department of Homeland Security (DHS or Department) is notifying the public and documenting the adoption of thirty-five categorical exclusions (CEs) under the National Environmental Policy Act (NEPA). This notice identifies the types of actions to which DHS will apply the CEs, the considerations that DHS will use in determining the applicability of the CEs, and the consultation between the agencies on the use of the CEs, including application of extraordinary circumstances.
Analyzed Economic Effects
6 provisions identified: 5 benefits, 0 costs, 1 mixed.
DHS Adopts 35 Outside Categorical Exclusions
DHS adopted 35 categorical exclusions (CEs) from other agencies effective August 26, 2026. If you propose an action covered by one of these CEs, DHS may approve it without preparing an environmental assessment (EA) or environmental impact statement (EIS) provided no extraordinary circumstances exist.
Expanded Size, Acreage, and Height Limits
Several adopted DOE and other CEs remove or expand prior DHS constraints — for example, DHS will apply CEs that lift prior 1-acre limits and expand allowable acreage and location constraints and expand tower height limits beyond current 200/400-foot constraints. If you build pathways, support buildings, pipelines, or towers covered by these CEs, DHS may apply the CE rather than require an EA/EIS.
New Energy Project Exclusions Adopted
DHS adopted multiple energy-related CEs (DOE and RD) covering small electric generating facilities (e.g., up to 10 average MW), wind turbines (generally not more than 2, total height generally less than 200 feet), small-scale biomass, geothermal, solar projects on up to 10 acres, small conduit hydro (not more than 5 average MW), and small water treatment facilities (less than ~250,000 gallons/day). DHS intends to use these for disaster repair or mitigation projects.
Disaster Debris, Habitat, and Restoration Work
DHS adopted CEs for removal/relocation of debris and sediment, wetland and riparian restoration (including actions limited to about 10 acres), streambank stabilization, revegetation with native materials, and construction of small water control structures. FEMA may use these CEs for post-disaster restoration and mitigation projects, and DHS will prepare a Record of Environmental Conditions when required.
Telecom and Utility Work Covered by CEs
DHS adopted telecom and utility CEs (FirstNet Authority and NTIA) covering construction of buried and aerial telecommunications lines and installation, reconstruction, repair of aerial or buried utilities and communication equipment within existing rights-of-way. FEMA may use these CEs for telecommunication and disaster recovery projects.
Demolition, Hazardous Materials, and Investigations
DHS adopted CEs for demolition and disposal of buildings (subject to no releases that threaten health/environment and with NHPA Section 106 compliance for historic properties), asbestos/lead-based paint management plan approvals (REC required), and FHWA-style localized investigations such as wetland and archeological surveys. DHS will document CE applications and consider extraordinary circumstances.
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Key Dates
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