Virginia Water Protection General Permits Expiring August 1

The Virginia Water Protection (VWP) General Permits are set to expire on August 1, 2026. Wetland Studies and Solutions, Inc. (WSSI) is working with clients to prepare permit reauthorizations for the projects where impacts will not be complete before then.

What Does This Mean for My Projects?

The VWP General Permits do not have a grandfathering clause. Therefore, if authorized activities are not completed by the August 1, 2026 expiration date, all surface water impacts must be halted.

If possible the best approach to maintain compliance is to take any remaining permitted impacts and submit the permit coverage Notice of Termination form. However, if your construction schedule does not allow this, project proponents can follow two paths to authorize impacts beyond August 1, 2026:

1. Submit a Project Continuation Checklist to DEQ along with a new DEQ permit application fee. Work cannot continue until DEQ issues a new permit authorization.

OR

2. If impacts now qualify for authorization under one of the U.S. Army Corps of Engineers 2026 Nationwide Permits and no longer require a VWP General Permit because of changes to the Nationwide Permit program (effective March 16, 2026), take the needed steps to move forward with the U.S. Army Corps of Engineers and no reauthorization is needed under the 2026 Virginia General Permit program.

What if we complete our authorized impacts by August 1?

If authorized activities are complete, Permittees (or their agents) should submit a permit coverage Notice of Termination form within 30 days of project completion.

Mark Your Calendars!

These are key dates for the VWP General Permits this year:

• February 16: DEQ began accepting the Project Continuation Checklist from permittees
• May 1: Last recommended day to return the Checklist
• June 18: Final day to submit a Checklist
• August 1: The current VWP General Permits expire (11:59 PM)
• August 2: The 2026 VWP General Permits are in effect (12:00 AM)

WSSI Can Help

WSSI is working with clients on these next steps. For questions, please contact your project manager or the staff listed below.

Resources

1. “Notification of Need for Project Continuation Checklist” Published by VA DEQ
2. Virginia Water Protection General Permit Reissuance and Revisions Out for Public Comment
3. Virginia Department of Environmental Quality’s Virginia Water Protection Permits