The U.S. Army Corps of Engineers – Norfolk District issued the 2026 State Programmatic General Permits (26-SPGPs) on August 25, reauthorizing the streamlined framework for permitting impacts to federally-regulated non-tidal wetlands and other Waters of the U.S. in qualifying development and transportation projects across Virginia. The new 2026 State Programmatic General Permit – Residential, Commercial, Institutional, and Recreational Developments (SPGP-RCIR) and State Programmatic General Permit – Linear Transportation Projects (SPGP-LT) are in effect now through August 2, 2031.

Wetland Studies and Solutions, Inc. (WSSI) provided an overview of the key changes in our September 16, 2025 Field Notes article. The final versions of the permits are closely aligned with the September 2025 drafts. Key changes in the final versions include:

  1. Increase in the acreage limits of Waters of the U.S (WOTUS) impacts authorized under the 26-SPGP-RCIR from 1 acre to 2 acres and the 26-SPGP-LT from 1/2-acre to 1 acre.
    Both permits also have a 1,500 linear feet limit on stream channel loss.
  2. Updated permit formatting that aligns more closely with the Nationwide Permit structure, making it easier for applicants to identify authorized activities.
  3. Updated permit definitions to reflect current federal terminology.
  4. New exclusions in the 26-SPGP-RCIR for primary energy production facilities. Impacts for utility-scale solar farms, wind energy facilities, power plants, and similar projects are no longer eligible for authorization under the SPGP-RCIR and will require alternative permitting mechanisms. These new exclusions join existing excluded activities such as mining operations, standalone substations, TMDL projects, and standalone stormwater management facilities.

If you have questions about how the 26-SPGPs relate to your projects in the Norfolk District, please talk to your WSSI project manager or one of the contacts below. Note that the SPGP-PASDO for authorizing piers, shoreline, dredging, and other related work is a separate permitting pathway that is on a separate cycle and expires September 4, 2028.

Resources

  1. USACE Public Notice: Norfolk District Announces Issuance of 2026 State Programmatic General Permits, August 25, 2026
  2. State Programmatic General Permit (SPGP): Residential, Commercial, Institutional and Recreational Development (RCIR) – 26-SPGP-RCIR
  3. State Programmatic General Permit (SPGP): Linear Transportation (LT) – 26-SPGP-LT
  4. Virginia’s State Programmatic General Permit 2026 Reissuance and Revisions (Field Notes, September 16, 2025)
  5. USACE – Norfolk District Regulatory Permits webpage

Contacts

  • Robbie Clark, PWS

    Principal Regulatory Specialist

    Gainesville, VA

  • Christie Blevins, PWS, CESSWI, LEED AP

    Director – Regulatory & Permitting, National Markets Team

    Gainesville, VA

  • Mark McElroy, PWD, SPWS

    Manager, Environmental Services – Hampton Roads

    Virginia Beach, VA

  • Rebecca Napier, PE

    Manager – Natural Resources

    Richmond, VA