26-SPGP-RCIR (NAO-2025-00964)
26-SPGP-LT (NAO-2025-00965)
PROPOSED REISSUANCE AND REVISION OF THE U.S. ARMY CORPS OF ENGINEERS- NORFOLK DISTRICT STATE PROGRAMMATIC GENERAL PERMIT – RESIDENTIAL, COMMERCIAL, INSTITUTIONAL, RECREATIONAL DEVELOPMENTS (26-SPGP-RCIR) and STATE PROGRAMMATIC GENERAL PERMIT – LINEAR TRANSPORTATION PROJECTS (26-SPGP-LT)
The U.S. Army Corps of Engineers-Norfolk District (Corps) is proposing to reissue and revise State Programmatic General Permit – Residential, Commercial, Institutional, and Recreational Developments (SPGP-RCIR) and State Programmatic General Permit – Linear Transportation Projects (SPGP-LT) to the people of the Commonwealth of Virginia. The current SPGP-RCIR and SPGP-LT will expire on August 1, 2026. The purpose of the SPGPs is to reduce duplicative review for activity-specific projects where state and federal regulations overlap regulatory purview. The SPGPs will provide streamlined review of permit applications processed by the Corps and the Virginia Department of Environmental (VDEQ).
The existing State Programmatic General Permits and procedures can be viewed on the Corps Norfolk District web page at https://www.nao.usace.army.mil/Missions/Regulatory-Branch/Regulatory-Permits/
The proposed changes to the permits are outlined below and may be viewed by clicking on the associated attachments in this public notice.
Below is a summary of the notable changes to SPGP-RCIR and SPGP-LT (changes apply to both permits unless noted otherwise):
- The Corps is proposing to increase the acreage limits of water impacts authorized under the SPGP-RCIR to 2 acres and the SPGP-LT to 1 acre.
- The Corps is proposing to eliminate or modify the Preliminary Screening Form Process.
- To add clarity, the Corps has combined the list of procedure and definitions into a second, separate document, one per each SPGP.
- The definitions have been updated to coincide with the Nationwide Permit definitions.
- Residential development definition has been updated to include construction or expansion of a single residence.
- The Corps has changed the formatting to mirror the Nationwide Permit formatting.
- The Corps has reorganized the content of the SPGPs so that the authorized activities and the excluded activities are listed on the first page of the SPGPs.
- The Corps has made minor editorial changes.
AUTHORITY:
() Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(X) Sections 401 and 404 of the Clean Water Act (Public Law 95-217) and
Title 62.1 of the Code of Virginia.
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972
(33 U.S.C. 1413).
FEDERAL EVALUATION OF APPLICATION: The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. The decision will reflect the national concern for both protection and utilization of important resources. The benefits which reasonably may be expected from the proposal must be balanced against its reasonably foreseeable detriments. All of the proposal's relevant factors will be considered, including conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, consideration of property ownership and, in general, the needs and welfare of the people. The Environmental Protection Agency's "Guidelines for Specification of Disposal Sites for Dredged or Fill Material" will also be applied (Section 404(b)(1) of the Clean Water Act).
The Corps of Engineers is soliciting comments from the public, federal, state, and local agencies, and officials; Indian Tribes; and other interested parties in order to consider and evaluate the direct, indirect, and cumulative impacts of this proposed activity. Any comments received will be considered by the Corps to determine whether to issue, modify, condition, or deny the SPGPs for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act. Preliminary review indicates that no EIS will be required.
Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed SPGPs. Anyone may request a public hearing to consider these SPGPs by writing to the District Commander within 30 days of the date of this notice, stating specific reasons for holding the public hearing. The District Commander will then decide if a hearing should be held.
ENDANGERED SPECIES: Endangered Species Act (ESA) review will be done on an individual project basis and in accordance with the Corps Norfolk District ESA project review process.
HISTORIC AND CULTURAL RESOURCES: Section 106 of the National Historic Preservation Act review for properties eligible for inclusion or included in the National Register of Historic Places will be performed on an individual project basis and in accordance with the Corps Norfolk District Section 106 project review process.
Essential Fish Habitat (EFH): EFH review will be done on an individual project basis and in accordance with the Corps Norfolk District EFH project review process.
VIRGINIA’S COASTAL ZONE MANAGEMENT PROGRAM: For compliance with the Coastal Zone Management Act of 1972, as amended for projects located in Virginia’s Coastal Zone, the Corps must certify that federally permitted activities affecting Virginia's coastal uses or resources will be conducted in a manner consistent with the Virginia’s Coastal Zone Management Program (Virginia CZM Program), and obtain concurrence from the Department of Environmental Quality (DEQ), Office of Environmental Impact Review (OEIR). The Corps will be submitting a consistency certification review request to the OEIR for concurrence or objection.
VIRGINIA’S SECTION 401 WATER QUALITY CERTIFICATION PROGRAM: The Clean Water Act (CWA) Section 401 Certification Rule (Certification Rule, 40 CFR 121), effective November 27, 2023, requires certification, or waiver, for any license or permit that authorizes an activity that may result in a discharge. The scope of a CWA Section 401 certification is limited to assuring that a discharge from a Federally licensed or permitted activity will comply with water quality requirements. For compliance with the Virginia Section 401 Water Quality Certification Program, the Corps must obtain, from the Virginia DEQ, a CWA Section 401 certification for the reissuance of these State Programmatic General Permits. As the Certifying Authority, the Virginia DEQ may grant, grant with conditions, or deny a certification request. Alternatively, the Virginia DEQ may waive, expressly or implicitly, its authority to act on a certification request. In accordance with Certification Rule part 121.12, the Corps will notify the U.S. Environmental Protection Agency Administrator when it receives the related certification from the DEQ. The Administrator is responsible for determining if the discharge may affect water quality in a neighboring jurisdiction. The SPGPs may not be issued pending the conclusion of the Administrator’s determination of effects on neighboring jurisdictions.
COMMENT PERIOD: The Norfolk District will receive written comments on the proposed SPGPs until October 8, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs
The points of contacts for these SPGPs are:
Tucker Smith, tucker.smith@usace.army.mil
Silvia Gazzera, silvia.b.gazzera@usace.army.mil
Laura Herrmann, laura.e.herrmann@usace.army.mil
PRIVACY AND CONFIDENTIALITY: Comments and information, including the identity of the submitter, submitted in response to this Public Notice may be disclosed, reproduced, and distributed at the discretion of the U.S. Army Corps of Engineers. Information that is submitted in connection with this Public Notice cannot be maintained as confidential by the U.S. Army Corps of Engineers. Submissions should not include any information that the submitter seeks to preserve as confidential.