Army Corps State Programmatic General Permits Effective August 8

The U.S. Army Corps of Engineers-Norfolk District Regulatory Branch (Army Corps) reauthorized State Program General Permits (22-SPGPs) for the Commonwealth of Virginia effective August 8. Two SPGPs were reauthorized: one for Residential, Commercial, Institutional and Recreational projects, and one for Linear Transportation projects. The SPGPs authorize the discharge of dredged/fill material in non-tidal Waters of the United States, including wetlands.

The reauthorized SPGPs were delayed in order for the U.S. Environmental Protection Agency to complete the Section 401 Neighboring Jurisdiction effect determination process (CWA § 401(a)(2)) and were revised such that the SPGPs are not available for use in sub-watersheds that Virginia shares with Tennessee (Appendix A in each SPGP for a list of sub-watersheds and maps depicting the affected areas). Applicants with proposed projects located in these sub-watersheds may apply to the Army Corps for a Nationwide Permit, a Regional General Permit verification, or a Standard Individual Permit.

The revised SPGPs, appendices and associated documents can be found on the Norfolk District Regulatory Public Notices webpage and will be posted on DEQ’s website when they become effective, and will expire on Aug. 1, 2026.

DEQ and the Army Corps will host a public information session in September to review permit documents and procedures and answer questions about the changes.