On August 4, 2022 the Norfolk District of the U.S. Army Corps of Engineers (Corps) announced the issuance of the 2022 State Programmatic General Permits (SPGPs). One 22-SPGP addresses impacts to non-tidal Waters of the U.S. (WOTUS) from Residential, Commercial, Institutional and Recreational Developments (22-SPGP-RCIR) while the other focuses on impacts from Linear Transportation (22-SPGP-LT).

WSSI hosted a webinar with Corps staff and others on May 24, 2022 to discuss these and other regulatory changes. Click here to view the recording and learn more.

The new 22-SPGP-RCIR and 22-SPGP-LT are scheduled to go into effect on Monday, August 8, 2022 and expire August 1, 2026.

The 17-SPGP expired May 31, 2022, and while the 22-SPGPs were scheduled to be in effect as of June 1, 2022, they were delayed until now. As the Corps noted on June 13,

On June 6, 2022, the EPA determined that the 2022 SPGPs may affect water quality in neighboring jurisdictions and notified all neighboring jurisdictions per the procedures outlined in CWA § 401(a)(2). These procedures allow the neighboring jurisdictions 60 days to notify the Corps and EPA if they object to the issuance of the permits and request that the Corps hold a public hearing on the objection(s).

With the expiration of the 17-SPGP, the Corps provided the option of using Nationwide Permits, obtaining Individual Permits, or waiting for the 22- SPGPs. While NWPs 29 and 39 were temporarily available during that time, these are no longer available for Residential and Commercial developments; note NWP 29 can still be used for single lots. Note that this is a situation specific to the Norfolk Corps’ jurisdiction.

While the SPGPs most of cover the area under the Norfolk Corp’s jurisdiction, it is not applicable to Tennessee watershed. The 2022-SPGPs Public Notice states

This SPGP is not available for use in the Commonwealth of Virginia subwatersheds shared with the State of Tennessee. These watersheds are identified in Appendix A of the 22-SPGP-RCIR and 22-SPGP-LT documents. Applicants may instead apply to the Corps of Engineers for Nationwide Permit or Regional General Permit verifications or a Standard Individual Permit.

WSSI Can Help

If you have questions about how the new 22-SPGPs may impact your current and future projects in the Norfolk District’s purview, please contact your WSSI project manager or the staff listed below.


  • Christie Blevins, PWS, CESSWI, LEED AP

    Gainesville, VA

  • Robbie Clark, PWS

    Gainesville, VA

  • Curtis Hickman

    Virginia Beach, VA