Aegis Regulatory Alert- August 2022

Streamlining Virginia's State Program General Permits (SPGPs)

Effective August 8, 2022, The Army Corps of Engineers – Norfolk District has issued two new State Program General Permits (SPGPs), authorizing the discharge of fill materials or dredging spoils in non-tidal waters of Virginia.

  • This regulatory activity replaced expiring 2017 general permits which apply to residential, commercial, institutional, and recreational development, and to linear transportation projects.
  •  For permitted projects that were not under construction or under contract by May 31, 2022, it will be necessary to reapply for coverage under these new permits. 
  • Modifications incorporated into the new permits are intended to streamline the regulatory review and permit application process by reducing redundant reviews by State and Federal regulators. 
  • The 2022 SPGPs are set to expire on August 1, 2026.

To conform with Nationwide Permits (NWPs), stream area will now be applied to the mitigation threshold instead of linear foot thresholds.

  • Under 22-SPGP-RCIR, the maximum permanent impact area including stream acreage for residential, commercial, industrial, and recreational development is 1.0 acre of Waters of the United States (WOTUS). 
  • Under 22-SPGP-LT the maximum permanent impact area including stream acreage for linear transportation projects is 0.5 acre of WOTUS.

 Compensatory wetland mitigation will be required for projects that exceed their respective acreage maximums. 

Applicants pursuing either of these SPGPs may request a Jurisdictional Determination (JD) or an expedited preliminary federal screening from the Army Corps of Engineers. In either case, project developers are cautioned to thoroughly evaluate land disturbance and fill activities well in advance of ground-breaking activities and actively monitor these activities at their development sites.

Contact the Aegis Environmental team for support in navigating permitting and compliance needs for this or other areas impacting your business.