On September 17, 2025, the Virginia Department of Environmental Quality (DEQ) issued a Notice of Tentative Section 401 Water Quality Certifications (WQCs) for the Proposed U.S. Army Corps of Engineers (USACE) 2026 Nationwide Permits (NWPs) and Regional Conditions slated to go in to effect when the current NWPs expire on March 14, 2026. Wetland Studies and Solutions, Inc. (WSSI) has reviewed DEQ’s proposed §401 Water Quality Certifications and summarized updates below. Under the Clean Water Act §401 WQC provides Virginia’s assurance that activities authorized by the federal NWPs will comply with state water quality standards. These tentative decisions will dictate whether projects qualifying for a NWP to impact wetlands or other surface waters will also require a separate Virginia Water Protection (VWP) permit .
Key Takeaways from the Tentative §401 WQC Decisions
Most NWPs Tentatively Granted WQC
- DEQ is tentatively granting WQC for the majority of the proposed 2026 NWPs, specifically NWPs 1-11, 13-25, 27-31, 33-46, 48-55, 57-59, and the new proposed NWP A for aquatic organism passage.
- For projects authorized under these granted NWPs, you will generally not need a separate VWP general permit from DEQ. Compliance with all Nationwide Permit requirements, including regional conditions, is still mandatory.
NWP 12 (Utility Lines) Granted with Conditions
- DEQ is tentatively granting WQC for NWP 12 (Utility Line Activities) with conditions.
- A separate VWP permit application is required from DEQ if the activity involves a natural gas transmission pipeline greater than 36 inches inside diameter pursuant to a federal certificate of public convenience and necessity.
- This is the same as the Water Quality Certification for NWP 12 in 2021.
NWP 32 (Enforcement Actions) Certification Waived
- DEQ is tentatively waiving WQC for NWP 32 (Completed Enforcement Actions) as DEQ cannot ensure compliance with state water quality standards for activities covered by this waiver without a prior state authorization.
Main Takeaway
The proposed changes to the NWPs, along with DEQ’s tentative WQC positions, will likely result in fewer instances where projects authorized under a NWP will need to apply for a separate DEQ VWP permit. WSSI recommends early coordination with both DEQ and USACE to define the appropriate permitting strategy for your project; your WSSI project manager is the best point of contact to guide you through this process.
Please note Regional Conditions for this latest batch of NWPs have not yet been issued by the USACE.
Public Comment
Comments on the proposed §401 WQC conditions are due by midnight on October 20, 2025 and may be submitted to DEQ via the following methods:
- Email to [email protected]
- Hand-delivery to:
Virginia Dept. of Environmental Quality, Office of Wetlands and Stream Protection
1111 East Main Street, Suite 1400
Richmond, Virginia 23219
- Postal mail to:
Virginia Dept. of Environmental Quality, Office of Wetlands & Stream Protection
P.O. Box 1105
Richmond, Virginia 23218
DEQ requires comments include the writer’s full name, address, and telephone number.
WSSI Can Help
If you have questions regarding how these proposed 401 certifications may affect your project, please contact your WSSI project manager or the staff below.
Resources
- Virginia Dept. of Environmental Quality General Notice of Tentative Section 401 Water Quality Certifications for Proposed 2026 United States Army Corps of Engineers Nationwide Permits and Proposed Regional Conditions
- Proposed 2026 Nationwide Permits Out for Public Comment (Field Notes, July 1, 2025)