The VAWP regulatory committee is tracking current regulatory actions and updates on the federal and state level. 2026 continues to be a year of regulatory changes and VAWP is tracking the following:

Federal Regulatory Actions

U.S. Army Corps of Engineers (USACE):

• The USACE has reissued 56 Nationwide Permits (NWPs) which expired on March 14, 2026. In addition, the USACE has proposed a new NWP (NWP 60) for Fish Passage. These 57 NWPs became effective on March 15, 2026 and will be valid for five years from the date of issuance.
• Projects currently under construction or under contract to commence work will receive a one-year extension for their current NWP coverage.

• The current State Programmatic General Permit—Residential, Commercial, Institutional, and Recreational Developments (22-SPGP-RCIR) and State Programmatic General Permit—Linear Transportation Projects (22-SPGP-LT) will expire August 1, 2026. The proposed 26-SPGP-RCIP and 26-SPGP-LT will take effect on the same day and will remain valid through August 1, 2031.

Environmental Protection Agency (EPA):

• The EPA published in the Federal Register [https://www.wetlands.com/wp-content/uploads/2026-00754-401WQ.pdf] on January 15, 2026 the proposed rule to update the Water Quality Certification Regulations. The proposed 2026 Virginia Water Protection (VWP) General Permits (GP) are expected to go into effect on August 2, 2026 and remain valid through August 1, 2036.
  • DEQ has developed a ‘Notification of Need for Project Continuation Checklist’ to assist in processing permit coverage of authorized project activities that will not be completed prior to the coverage expiration date of August 1, 2026. DEQ began accepting project coverages with this checklist on February 16, 2026.
    • The last date to submit checklists to request a continuation of project coverage is June 18, 2026.

Commonwealth of Virginia Regulatory Actions:

Virginia Department of Environmental Quality (DEQ):

• The VWP GPs are set to expire on August 1, 2026 along with the SPGPs. DEQ has published guidance for the upcoming VWP GP Coverage on their website [https://www.deq.virginia.gov/news-info/shortcuts/permits/water/wetlands-streams-vwp].
• DEQ will be working to provide final 401 Water Quality Certification for the NWPs in the near future.

Proposed Legislation

• SB 425—Comprehensive Plan: Environmental Justice Strategy
• The proposed legislation requires cities with populations greater than 20,000 and counties with populations greater than 100,000 to consider, at the next and all subsequent reviews of the comprehensive plan, adopting an environmental justice strategy.  

• HB 521—This bill has passed the House and Senate and is awaiting the Governor’s signature.  It provides express authority and a requirement that Virginia Marine Resources Commission (VMRC) permits must contain mitigation requirements that are sufficient to achieve no net loss of existing wetlands and functions.  It also creates a stakeholder work group to address mitigation requirements for tidal nonvegetated wetlands.  The group is supposed to consider a range of mitigation alternatives, including mitigation banks, in-lieu fee programs, permittee-responsible mitigation, or other approaches. In addressing such options, the stakeholder work group shall consider (i) the water quality, habitat, and ecological functions of each mitigation technique; (ii) the cost and practicability of mitigation options; (iii) the necessity, flexibility, and effectiveness of in-lieu fee, permittee-responsible, and out-of-kind mitigation; and (iv) other considerations deemed necessary by the Secretary. The stakeholder work group shall submit a report of its findings and recommendations to the Chairs of the House Committee on Agriculture, Chesapeake and Natural Resources and the Senate Committee on Agriculture, Conservation and Natural Resources no later than July 1, 2027.

• HB 390—This bill has passed the House and Senate and is awaiting the Governor’s signature.  The bill creates an 11 person Habitat Policy Oversight Committee that is to advise the Habitat Division and the Commission on:
• process improvements to enhance efficiency, transparency, and scientific rigor;
• major habitat-related rulemaking and regulatory amendments prior to Commission consideration;
• actions of the Division to ensure consistency with state resilience and coastal policy plans and objectives;
• on proposed regulatory or procedural changes affecting tidal wetlands, subaqueous lands, and dune and beach permitting;
• strategies and actions the Commission may pursue to contribute to and advance the goals of the Chesapeake Bay Agreement.

VAWP is tracking these regulatory updates and will be providing regular updates to membership.