The Virginia Department of Environmental Quality (DEQ) plans to reissue the Virginia Water Protection (VWP) General Permits that are set to expire on August 1, 2026, and published draft language for the four permits on August 25, 2025. The proposed 2026 VWP General Permits are expected to go into effect on August 2, 2026, and remain valid through August 1, 2036. Wetland Studies and Solutions, Inc. (WSSI) has evaluated the proposed 2026 VWP General Permit language and conditions; read on to learn about key changes.
What Does This Mean for My Projects?
If your projects are currently authorized under a VWP General Permit and authorized impacts will not be completed by August 1, 2026, WSSI can assist with the permit update process.
If you have questions about how the reissuance or expiration of the VWP General Permits may affect your current and future projects in Virginia, please talk to your WSSI project manager or one of the contacts below.
Notable VWP General Permit Changes
There are four VWP General Permits, each designed to address common situations that can yield impacts to Virginia’s surface waters. The links below will take you to the proposed reissuance language for each. There are two significant changes at this time, and they apply to all of the permits.
- VWP General Permit for Impacts Less Than One-Half Acre (9-VAC-25-660)
- VWP General Permit for Utility Line Activities (9-VAC-25-670)
- VWP General Permit for Linear Transportation Projects (9-VAC-25-680)
- VWP General Permit for Development and Certain Mining Activities (9-VAC-25-690)
DEQ proposes a 10-year validity period for these VWP permits, like the 2016 GPs.
DEQ is again proposing the VWP General Permits be valid for a ten-year period, 2026-2036. Permittees should keep in mind that DEQ’s proposed timeframe does not extend to impacts authorized under federal permits. The current State Program General Permit (SPGP) is valid for a five-year period, and the newly proposed SPGP will continue to be a five-year period. It is critical that project proponents ensure they have a valid federal permit when performing work in federally regulated areas.
DEQ updated permit conditions to align with the 2024 updates to state erosion and sediment control (ESC) regulations.
Permit conditions now require erosion and sediment controls be designed to comply with Virginia Erosion and Stormwater Management Regulation (9VAC25-875).This change aligns with the Virginia Stormwater Management Handbook, version 1.1, which replaced both the Virginia Erosion and Sediment Control Handbook (1992) and Virginia’s Stormwater Management Handbook (1999) as of July 1, 2024 (click here for the related Field Notes article).
What’s Next?
We will update readers as we get more information from DEQ about public comments received and the State Water Control Board hearing. This is a standard administrative update from DEQ regarding their VWP General Permit program mainly to extend the program as is and match recent erosion and sediment control regulations. WSSI does not anticipate any major changes to the program that would negatively impact development in Virginia.
Public Comment
Comments on the proposed VWP General Permits are due by midnight on October 24, 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.
Resources
- DEQ’s proposed actions can be accessed at Virginia Regulatory Town Hall. Searching for Virginia Water Protection on this page will take you to the links for each.
- Construction Stormwater Changes in Virginia (Field Notes, June 26, 2024, updated July 3, 2024)
- Proposed text for VWP General Permit for Impacts Less Than One-Half Acre (9-VAC-25-660)
- Proposed text for VWP General Permit for Utility Line Activities (9-VAC-25-670)
- Proposed text for VWP General Permit for Linear Transportation Projects (9-VAC-25-680)
- Proposed text for VWP General Permit for Development and Certain Mining Activities (9-VAC-25-690)