The U.S. Army Corps of Engineers-Norfolk District (Corps) announces the issuance of the 2026 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 26-SPGPs authorize by the Secretary of the Army and the Chief of Engineers, under Section 404 of the Clean Water Act (CWA) (33 U.S.C. § 1344), certain residential, commercial, institutional, and recreation al developments, and linear transportation projects in waters of the United States (WOTUS), including wetlands and stream channels, within the geographical limits of the Commonwealth of Virginia and under the regulatory jurisdiction of the U.S. Army Corps of Engineers, Norfolk District (Corps or Norfolk District).
To assist the public, permit applicants, and environmental professionals, the U.S. Army Corps of Engineers, Norfolk District (Corps) provides the following summary of notable changes and revisions. These updates represent the transition from the previous 2022 SPGPs (22-SPGP-RCIR and 22-SPGP-LT) to the newly issued 2026 SPGPs (26-SPGP-RCIR and 26-SPGP-LT), effective August 24, 2026.
1. Acreage and Stream Impact Limit Revisions
The Corps has increased the maximum discharge limits for both programmatic permits to streamline regulatory reviews for projects with minimal environmental footprints, while introducing an explicit cap on jurisdictional stream channel length. These updates are outlined below:
- 26-SPGP-RCIR (Residential, Commercial, Institutional, and Recreational Developments):
- Previous 2022 SPGP Limit: Permanent loss of WOTUS was restricted to a maximum of 1 acre, with no explicit overall stream channel length limit specified for programmatic authorization.
- New 2026 SPGP Limit: Permanent loss of WOTUS must not exceed 2 acres, with an explicit limit of no more than 1,500 linear feet of jurisdictional stream channel loss.
- 26-SPGP-LT (Linear Transportation Projects):
- Previous 2022 Limit: Permanent loss of WOTUS was restricted to a maximum of 1/2 acre, with no explicit overall stream channel length limit specified for programmatic authorization.
- New 2026 Limit: Permanent loss of WOTUS must not exceed 1 acre, with an explicit limit of no more than 1,500 linear feet of jurisdictional stream channel loss.
2. Re-formatting and Alignment with Nationwide Permits (NWPs)
To provide a more user-friendly interface for applicants, the Corps has completely restructured the SPGP documents: The overall format of the 26-SPGPs mirrors the layout of the Corps' Nationwide Permits (NWPs). Authorized and excluded activities are listed on the first page of the permits for rapid assessment.
3. Updated and Expanded Programmatic Definitions: The definitions section (Section VIII) matches current federal definitions from the recently issued NWPs.
4. New Exclusions and Environmental Protective Measures: Energy Production Exclusion (RCIR): The 26-SPGP-RCIR may not be used to authorize primary energy production facilities (such as power plants, wind energy facilities, or solar farms).
The Norfolk District issued these permits with an expiration date of August 2, 2031. The 26-SPGPs and associated documents can be found on our web site at:
https://www.nao.usace.army.mil/Missions/Regulatory-Branch/Regulatory-Permits/
As of the date of this public notice, the Norfolk District Corps of Engineers received unconditional certification regarding water quality (WQC) under Section 401 of the Clean Water Act, and unconditional consistency determination under the Coastal Zone Management Act (CZMA) for the 26-SPGPs.
If you have any questions about the issuance of the 26-SPGPs or the permit process, contact CENAO-.REG_ROD@usace.army.mil.