Regulatory Program Frequently Asked Questions
To find answers to common questions about the regulatory program and permitting, visit the Regulatory Program FAQ webpage.
DCR Virginia Shoreline Erosion Advisory Service (SEAS)
Virginia's Department of Conservation and Recreation (DCR) Shoreline Erosion Advisory Service (SEAS) was established in 1980 to assist private landowners and localities in Virginia with erosion problems.
Emergency Permitting - 33 CFR 325.2(e)(4)
An "emergency" is a situation which would result in an unacceptable hazard to life, a significant loss of property, or an immediate, unforeseen, and significant economic hardship if corrective action requiring a permit is not undertaken within a time period less than the normal time needed to process the application under standard procedures. Even in an emergency situation, reasonable efforts will be made to receive comments from interested Federal, state, and local agencies and the affected public.
In emergency situations, such as flooding or other events caused by a natural disaster, the Corps Division Engineers, in coordination with the Corps Districts, are authorized to approve special processing procedures to expedite permit issuance. This situation may involve the issuance of a Public Notice to clarify permitting procedures for managing the cleanup and repair caused by the event.
Norfolk District, Regulatory Branch Special Emergency Processing Procedures under Executive Order (E.O.) 14156
Endangered Species Act Information and Essential Fish Habitat
Under Section 7 of the Endangered Species Act (ESA) the Corps is required to consult with the U.S. Fish and Wildlife Service (U.S. FWS) and/or the National Marine Fisheries Service (NMFS), also known as NOAA Fisheries, on any permet action that "may affect" endangered or threatened species or critical habitat. U.S. FWS and NMFS share responsibility for implementing the ESA. The U.S. FWS is responsible for terrestrial and freshwater species. The NMFS is responsible for most marine and andromous species.
For information on federally listed species in the Commonwealth of Virginia, species of concern, consultants who are qualified to perform surveys, time of year restrictions, and more, visit the FWS Virginia Ecological Services Field Office website and the NOAA Greater Atlantic Regional Fisheries Office website.
Fish and other marine species depend on their habitat to survive and reproduce. Congress improved the nation's primary fisheries law in 1996 to recognize the importance of healthy habitat for commercial and recreational fisheries. Protecting and restoring Essential Fish Habitat has helped to maintain productive fisheries and rebuild depleted fish stocks in the United States. For more information, visit NOAA Essential Fish Habitat.
Historic Resources Information
Section 106 of the National Historic Preservation Act of 1966 (NHPA) provides that properties and districts listed in or eligible for listing in the National Register of Historic Places be considered in the planning of federal undertakings, which include activities permitted by the federal government. During the review of all Department of the Army (DA) permit applications, the U.S. Army Corps of Engineers (Corps) must ensure the requirements set forth in the NHPA have been satisfied.
This process of compliance is carried out in consultation with the Virginia Department of Historic Resources (DHR), which serves as the State Historic Preservation Office in Virginia. Other consulting parties may include the Advisory Council on Historic Preservation, federally recognized Indian Tribes, local governments, applicants, interested public, and other stakeholders.
For more information on the consultation process with DHR, visit the follow websites:
DHR Federal and State Review
Advisory Council on Historic Preservation
National Park Service – National Register of Historic Places
Wetland Board Contacts
Virginia's system for managing tidal wetlands resoufces is through local (town/city/county) wetlands boards comprised of volunteer citizens. The Virginia Marine Resources Commission acts as the wetlands board for localities that do not elect the local option. Wetlands board members are responsible for decisions regarding the use, alteration, or development of tidal-wetlands, and in some cases coastal primary sand dunes and beaches.
Board Contacts Page