The U.S. Army Corps of Engineers – Norfolk District (USACE) released a public notice proposing to revise and reissue the State Programmatic General Permit – Residential, Commercial, Institutional, and Recreational Developments (SPGP-RCIR) and State Programmatic General Permit – Linear Transportation Projects (SPGP-LT). As the Corps states in their announcement, “The SPGPs will provide streamlined review of permit applications processed by the Corps and the Virginia Department of Environmental [Quality].”
The current 22-SPGP-RCIR and 22-SPGP-LT are set to expire on August 1, 2026. The proposed 26-SPGP-RCIR and 26-SPGP-LT will take effect on the same day (August 1, 2026) and remain valid through August 1, 2031.
Comments on the proposed reissuance are due by October 8, one month after publication of the notice on September 8. Wetland Studies and Solutions, Inc. (WSSI) has evaluated the proposed 26-SPGP documents and provides a synopsis of key changes below.
What Does This Mean for Existing SPGP Authorizations?
If your project is currently authorized under a 22-SPGP-RCIR or 22-SPGP-LT, and construction is either underway or under contract to begin by August 1, 2026, the project will remain authorized under the existing permit until August 1, 2027.
If your project is not under construction or not under contract to begin construction by August 1, 2026, you will need to apply for coverage under the new 26-SPGP-RCIR or 26-SPGP-LT program prior to the August 1, 2026 expiration and before you initiate construction activities.
WSSI is ready to assist with this evaluation and renewal process for your project.
Notable Changes
- The Corps is proposing to increase the acreage limits of Waters of the U.S (WOTUS) impacts authorized under the SPGP-RCIR from 1 acre to 2 acres and the SPGP-LT from 1/2-acre to 1 acre.
- This will align the SPGP thresholds with those of the Virginia Department of Environmental Quality (DEQ) general permits.
- This may benefit some transportation and development activities that are close to a 1/2-acre or 1-acre threshold of proposed WOTUS impacts, respectively, and may allow projects to qualify for a SPGP permit versus a USACE Individual Permit. The benefit of this change is that the applicant can avoid the significantly longer processing timeframes[1] and public notice requirements of Individual Permits.
- Note, DEQ thresholds for Virginia Waters Protections (VWP) Permits include both acreage and/or linear feet of stream. An Individual VWP Permit is required by the state if impacts to WOTUS exceed 2 acres, or 1,500 linear feet of stream.
- The Corps is proposing to eliminate the Preliminary Screening Form (PSF) process.
- Applicants will likely be required to obtain either a Preliminary Jurisdictional Determination (PJD) or an Approved Jurisdictional Determination (AJD) to confirm the extent of jurisdictional features on a project site prior to seeking authorization under the 26-SPGP-RCIR or 26-SPGP-LT program.
- As remains the case with the previous 22-SPGP-RCIR and 22-SPGP-LT, the new SPGPs do not have a linear-foot based limit for stream impacts. However, all wetland and stream impacts must still be reported in acreage and linear feet.
- Consistent with 22-SPGPs, compensatory mitigation for the USACE is required for projects that exceed the permanent loss of 0.10 acre of wetlands and/or 0.03 acre of streambed.
- Note, DEQ’s compensatory mitigation threshold includes linear feet of streambed. DEQ’s threshold is 0.10 acre of wetland or 300 linear feet of stream channel.
Public Comment
Comments on the proposed SPGP-RCIR and SPGP-LT should be submitted no later than October 8, 2025 via the Corps’ Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs.
What Does This Mean for My Projects?
If you have questions about how the reissuance of the 26-SPGPs or expiration of the 22-SPGPs may affect your current and future projects in the Norfolk District, please talk to your WSSI project manager or one of the contacts below.
[1] On average, SPGP general permits are estimated to receive authorization between 3-4 months after application submission, whereas USACE permit are estimated at 8-12 months of processing time.