SUMMARY: On September 8, 2025, the United States Army Corps of Engineers (USACE) published a notice in the Federal Register announcing that it is proposing to reissue the 2026 State Programmatic General Permit for Residential, Commercial, Institutional, and Recreational Developments (26-SPGP-RCIR) and the 2026 State Programmatic General Permit for Linear Transportation Projects (26-SPGP-LT) with several amendments detailed in the USACE public notice (https://www.nao.usace.army.mil/Media/Public-Notices/Article/4290953/26-spgp-rcir-nao-2025-00964-and-26-spgp-lt-nao-2025-00965/). The 2026 SPGP-RCIR authorizes activities involving discharges of dredged and fill material into waters of the United States (WOTUS) associated with residential, commercial, institutional, and recreational projects. The 2026 SPGP-LT authorizes activities involving discharges of dredged and fill material into waters of the United States (WOTUS) associated with linear transportation projects. The current SPGPs are expected to expire on August 1, 2026, unless a change to that date is made by the USACE.

PURPOSE OF THIS NOTICE: Pursuant to Virginia Water Protection (VWP) Permit Regulation 9VAC25-210-130, the Department of Environmental Quality (DEQ), is giving notice of its tentative Section 401 Water Quality Certification decisions detailed below for the 26-SPGP-RCIR and 26-SPGP-LT. DEQ may only issue its final Section 401 Certification decisions after having advertised and accepted public comment for 30 days on its intent to grant certification, grant certification with conditions, waive certification, or deny certification. Therefore, this notice is requesting public comment beginning December 23, 2025.

The Virginia Department of Environmental Quality (DEQ) grants water quality certification (WQC) for the United States Army Corps of Engineers (USACE) proposed 2026 State Programmatic General Permit for Residential, Commercial, Institutional, and Recreational Developments (26-SPGP-RCIR) and State Programmatic General Permit for Linear Transportation Projects (26-SPGP-LT) and proposed District Regional Conditions applicable to these proposed 2026 SPGPs, pursuant to Section 401 of the Clean Water Act (33 U.S.C. §1341); Virginia Code §§ 62.1-44.41, and 9 Va. Admin. Code 25-210-130.

DEQ finds that the activities which may result in a discharge of dredged or fill material into waters of the United States (WOTUS) as authorized by the proposed 26-SPGP-RCIR and 26-SPGP-LT will comply with applicable water quality requirements under Virginia Administrative Code 9VAC25-260 et seq., as established pursuant to Sections 301, 302, 304, 306 and 307 of the CWA; Title 62.1 of the Code of Virginia; and the applicable Virginia Water Protection (VWP) Permit Program regulations, provided that permittee abides by all requirements of the applicable 26-SPGP.

WQCs are not permits. Therefore, they do not relieve the applicant or permittee from complying with all applicable requirements of the Clean Water Act, State Water Control Law, and local, state, and federal government laws or regulations, nor do the WQCs affect DEQ’s authority to take any permitting, compliance, and enforcement action allowed under Chapter 3.1 of Title 62.1 of the Code of Virginia or applicable Virginia Water Protection (VWP) Permit Program regulations (9VAC25-210 et seq., 9VAC25-660 et seq., 9VAC25-670 et seq., 9VAC25-680 et seq., 9VAC25-690 et seq.). In cases where the USACE does not require a 26-SPGP, and instead requires another type of federal permit, submittal of an application to DEQ may be required for state review, unless the activity is otherwise excluded or waived from VWP permitting requirements.

HOW TO COMMENT: Comments shall include the full name, address and telephone number of the person commenting and must be received by DEQ by 11:59 p.m. on January 26, 2026. Only those comments received within this period will be considered by DEQ. DEQ accepts written comments by the following methods: 1) hand-delivery to Department of Environmental Quality, Office of Wetlands and Stream Protection, 1111 East Main Street, Suite 1400, Richmond, Virginia 23219; 2) e-mail to vwppublicnotices@deq.virginia.gov; or 3) postal mail to Department of Environmental Quality, Office of Wetlands and Stream Protection, P.O. Box 1105, Richmond, Virginia 23218.

CONTACT FOR TECHNICAL ISSUES WITH COMMENT SUBMITTAL: Brenda Winn, Office of Wetlands and Stream Protection, Department of Environmental Quality, P.O. Box 1105, Richmond, Virginia 23218, phone 804-659-2675, or vwppublicnotices@deq.virginia.gov