Virginia’s 2017 State Programmatic General Permit (17-SPGP-01) expires May 31, 2022, when it will be replaced by the 2022 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).
Projects already in construction or under contract to begin construction can be grandfathered for an additional year under the 17-SPGP-01 (valid until May 31, 2023). Projects that do not qualify for this grandfathering will need to be re-issued under the 22-SPGP. Wetland Studies and Solutions, Inc. (WSSI) is conducting project evaluations and re-applications now.
The new 22-SPGP-RCIR and 22-SPGP-LT are scheduled to go into effect June 1, 2022 and expire August 1, 2026. The U.S. Army Corps of Engineers – Norfolk District has indicated that additional information regarding the 22-SPGP, including a Question-and-Answer memo, will be released on June 1, 2022. WSSI evaluated the proposed changes in our March 2022 Field Notes article.
WSSI Can Help
If you have questions about how the new 22-SPGPs or expiration of the 17-SPGP-01 may impact your current and future projects in the Norfolk District’s purview, please contact your WSSI project manager or the staff listed below.
Learning More About the 22-SPGPs
The Corps released draft language for the two 2022 SPGPs in March 2022; the public comment period is closed. We are awaiting the Corps’ June 1 release of the final permit language, Standard Operating Procedure documentation, and Question-and-Answer memo.
The Corps and the Virginia Department of Environmental Quality will host a joint SPGP public information session on June 27 from 1 to 3 p.m. Click here to register.