Virginia DEQ
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Wetlands & Streams
DEQ administers the Virginia Water Protection (VWP) permit program and an associated compliance program through the regulation of:
- Impacts to surface waters, such as land clearing, dredging, filling, excavating, draining, or ditching in open water, streams and wetlands.
- Surface water withdrawals and non-agricultural impoundments.
The VWP permit program follows state regulations and federal guidelines under the Clean Water Act. State law requires that a VWP permit be obtained before disturbing a wetland or stream by clearing, filling, excavating, draining or ditching. Applications are made through the Joint Permit Application process, which covers both federal and state review.
Wetlands After Sackett
The Virginia Institute of Marine Science (VIMS), in conjunction with DEQ through an EPA Wetlands Development Grant, produced a scenario-based approach for spatial analysis of wetlands defined to address uncertainties in the Sackett decision and Waters of the United States (WOTUS) potential rulemaking.
This study enhances the analysis of wetlands in Virginia conducted by VIMS in 2023. The primary objective was to refine earlier methods, integrate updated datasets, and provide improved guidance for policymakers and resource managers. In the 2026 study, A Scenario-Based Review of Wetlands After Sackett, three scenarios were developed for vegetated wetlands in Virginia, as well as vegetated wetlands along the Virginia-North Carolina and Virginia-West Virginia borders which could have potential jurisdictional issues. Scenario 1 is the most conservative (least amount of federal jurisdictional wetlands). The wetlands border analysis is ongoing.
At the statewide scale, Scenario 1 yields the highest estimated proportion of non-jurisdictional wetlands, with approximately 80% of the non-tidal wetland resource falling outside federal jurisdiction under that interpretation. The table and graphic below summarize Scenario 1 results. Additional information is located in the Summary document and in the Fact Sheet.
Current VWP GP Coverage will expire on August 1, 2026
The current VWP GPs are expiring at 11:59 PM on August 1, 2026. The State Water Control Board approved new GP regulations at its November 18, 2025, meeting. The new GPs will become effective at 12:00 AM on August 2, 2026. Here is what existing permittees need to know:
- If all authorized activities of the project have been completed, submit a permit coverage termination form if you have not already done so.
- If all authorized activities will be completed prior to August 1, 2026, remember to request a permit coverage termination within 30 days of completing the project, including compensation work as applicable.
- Projects that will not be completed by August 1, 2026, including compensation work as applicable, will need to apply for coverage under the new VWP General Permits unless the previously approved activities qualify for a USACE 2026 Nationwide Permit effective March 15, 2026. SPGP permittees who have VWP coverages must receive a new 2026 coverage in order to continue previously authorized activities, and may need to obtain a new SPGP verification (contact the USACE if you have questions about the SPGP.)
- Check back to the "New Coverage FAQ" often to get the latest information.
- PLEASE DO NOT SUBMIT THE CHECKLIST THROUGH THE REGULATORY REQUEST SYSTEM (RRS). Follow the form instructions.
Important Dates to Remember:
- DEQ will begin accepting the Notification of Need for Project Continuation Checklist on Monday February 16, 2026
- May 1, 2026: Last recommended date to return Checklist Due for previously permitted projects
- June 18, 2026: Last day to submit a Checklist.
- August 1, 2026: Current VWP general permits expire (11:59 PM)
- August 2, 2026: New VWP general permits effective (12:00 AM)
After submitting the Checklist, any required attachments, and paying any required fee, DEQ’s VWP Permit Program staff will process a new VWP General Permit coverage if applicable that has an effective date of August 2, 2026. Permittees can work under the original coverage through August 1st and then work under the new coverage beginning on August 2nd without any gap in coverage.
Questions regarding expiration of the VWP General Permits can be directed to the regional VWP Program Managers. See DEQ regional contact information at: https://www.deq.virginia.gov/news-info/shortcuts/permits/water/wetlands-streams-vwp at the bottom of the page.
VWP General Permits
General permits are a streamlined permitting approach to authorize impacts to the Commonwealth’s surface waters, including streams and wetlands. Program regulations provide efficiency to the permit coverage process for activities having minor impacts to state surface waters, simplifies permit issuance procedures, and makes clarifying amendments for improved understanding of regulatory provisions and permit processes.
The existing four Virginia Water Protection General Permits listed below, authorized by Chapter 3.1 of Title 62.1 of the Code of Virginia, expire on August 1, 2026. The State Water Control Board approved reissuance of the four VWP general permits in regulation, which were published as final in the Virginia Register on January 12, 2026 (Issue: 11, Volume: 42). Amendments were made to clarify provisions related to coverage expiration, transition, and continuation; to correct citations and typographical errors; to update forms and reference documents; and to clarify administrative procedures. More information regarding these actions may be found on the Virginia Town Hall.
http://townhall.virginia.gov/l/viewstage.cfm?stageid=11047
http://townhall.virginia.gov/l/viewstage.cfm?stageid=11048
http://townhall.virginia.gov/l/viewstage.cfm?stageid=11049
http://townhall.virginia.gov/l/viewstage.cfm?stageid=11050
- Virginia Water Protection General Permit for Impacts Less Than One-Half Acre (9VAC25-660);
- Virginia Water Protection General Permit for Facilities and Activities of Utility and Public Service Companies Regulated by the Federal Energy Regulatory Commission or the State Corporation Commission and Other Utility Line Activities (9VAC25-670);
- Virginia Water Protection General Permit for Linear Transportation Projects (9VAC25-680);
- Virginia Water Protection General Permit for Impacts from Development and Certain Mining Activities (9VAC25-690)
Permitting for Surface Water Restoration and Reforestation Memo
The Commonwealth of Virginia has long supported the restoration of wetlands, streams, and forests as essential strategies for improving water quality, enhancing wildlife habitat, and improving our local environment for the beneficial use of our citizens. However, certain state permitting requirements - designed primarily to manage development impacts - can inadvertently delay permitting for construction of restoration projects that provide net ecological benefits. To fix this, the Memo on "Permitting for Surface Water Restoration and Reforestation" outlines solutions to streamline and eliminate several unnecessary permitting requirements within the Virginia Stormwater Management Program and Virginia Water Protection Permit Program for ecological restoration projects. Restoration professionals, applicants, agents, sponsors, DEQ staff, and other stakeholders should follow the solutions in the Memo to reduce permitting timeframes for ecological restoration projects in Virginia, so that these important projects may be completed for the benefit of our citizens' water, land, and air.
EPA’s Proposed Rulemaking
The U.S. Environmental Protection Agency (EPA) has proposed rulemaking regarding the definition of waters of the U.S. (or WOTUS) which may affect federal permitting under Section 404 of the Clean Water Act, such as permits issued through the U.S. Army Corps of Engineers’ permit program.
In Virginia, this proposed federal rulemaking will not replace or supersede the authority given to DEQ under the Code of Virginia and the Virginia State Water Control Law for permitting impacts to state waters (see Title 62.1).
Projects proposing specific activities within surface waters, including wetlands, stream channels and open waters as defined by the Code of Virginia as ‘State Waters,’ often requires authorization from DEQ under the VWP Permit Program. Such activities include new activities to cause draining that significantly alters or degrades existing wetland acreage or functions; filling or dumping; permanent flooding or impounding; or new activities that cause significant alteration or degradation of existing wetland acreage or function. The definition of State Waters is broader than those defined by Waters of the United States under federal jurisdiction. A VWP permit is most often needed when there is development of undisturbed land, for example: residential, industrial, or commercial developments. The presence of surface waters, streams and wetlands is not always obvious and is best identified by a professional wetland delineator. In addition, a VWP permit is required for the withdrawal from surface waters.
VWP Surface Water Withdrawal Permits
If your project has a surface water withdrawal activity, please visit DEQ’s Surface Water page.
Certain activities or impacts to state surface water are excluded from the requirement for a VWP permit (see 9VAC25-210-60). The most common exclusions are listed below. Further guidance may be found in Chapter 2 of the VWP Permit and Compliance Manual:
- Project subject to a USACE Regional, General or Nationwide Permit; and a VMRC permit, or where DEQ has already provided Section 401 certification.
- Discharges of stormwater authorized by MS4 or VSMP construction stormwater permits, or certain VPDES or VPA permits.
- Normal residential gardening and lawn and landscape maintenance in a wetland, or other similar activity.
- Maintenance activities.
- Minor open water impacts. To facilitate review of projects requesting exclusion of minor open water impacts, please submit the VWP Open Water Exclusion Checklist.
- Temporary sediment basins or traps during construction activities.
- Normal, ongoing agricultural or silvicultural activities, including some farm roads/ponds/ditches.
The regulation provides detailed requirements for each exclusion and states that upon request by DEQ, a person claiming an exclusion must demonstrate to the satisfaction of the department an activity qualifies for the exclusion.
There are five types of VWP Permits: four general permits and one individual permit. VWP General Permits cover specific activities that are considered to have minimal impacts to human health and the environment, and the VWP Individual Permit covers activities not qualifying for a General Permit. The current permit term for VWPP General Permits is August 1, 2026. VWP Individual Permits can be authorized up to 15 years.
- VWP General Permit WP1 covers activities with impacts less than one-half of acre or up to 300 linear feet of stream channel.
- VWP General Permit WP2covers facilities and activities of utility and public service companies regulated by the Federal Energy Commission or the State Corporation Commission; and other utility line activities. Authorizes impacts up to 1 acre of wetlands and open waters, and/or 1,500 linear feet of stream channel.
- VWP General Permit WP3 covers activities for linear transportation projects. Authorizes impacts up to 2 acres of wetlands and open waters, and/or 1,500 linear feet of stream channel.
- VWP General Permit WP4 covers activities with impacts from development and certain mining activities. Authorizes impacts up to 2 acres of wetlands and open waters, and/or 1,500 linear feet of stream channel.
- VWP Individual Permit covers activities not qualifying for a General Permits. Individual Permits are valid for a maximum of up to 15 years by law; but the actual length of time your individual permit is valid may vary depending on the nature of the authorized project. Individual Permits also authorize projects that exceed general permit impact thresholds.
Target Schedule for VWP Permits
Virginia DEQ’s Permitting and Evaluation Platform (PEEP) details pending and recently completed VWP General Permits and Individual Permit applications.
The target schedule for a typical VWP General Permit Coverage to obtain a final decision is 75 days. The target schedule for a VWP Individual Permit is 150 days. It is important to note that these targets are based on a typical process and rely on all parities in the application review process providing complete and timely information. Please visit DEQ’s PEEP page for more detailed information.
United States Army Corps of Engineers
The U.S Army Corps of Engineers (USACE) issues an individual (standard) permit when projects have more than minimal individual or cumulative impacts, are evaluated using additional environmental criteria, and involve a more comprehensive public interest review. The USACE also issues general permits for structures, work or discharges that will result in only minimal adverse effects. There are three types of general permits – Nationwide Permits, Regional General Permits, and Programmatic General Permits. General permits are usually valid for five years and may be re-authorized by USACE.
Nationwide permits are issued by USACE on a national basis and are designed to streamline Department of the Army authorization of projects such as commercial developments, utility lines, or road improvements that produce minimal impact to the nation's aquatic environment.
As the certifying authority, DEQ provides a Section 401 Water Quality Certification (WQC) decision for USACE permits.
On June 18, 2025, the U.S. Army Corps of Engineers (Corps) published in the Federal Register its proposal to reissue 56 existing nationwide permits (NWPs) and to issue one new NWP. One NWP is not proposed for reissuance. The final 57 NWPs, the general conditions, and the associated definitions were noticed in the Federal Register on January 8, 2026, and went into effect on March 15, 2026. Norfolk District Regional Conditions were published on March 12, 2026. The NWPs will expire on March 15, 2031. DEQ provided its Final Section 401 Water Quality Certification for the 2026 Nationwide Permits on November 6, 2025. DEQ has developed a "DEQ Nationwide Permit Frequently Asked Questions" (FAQ). Please check back for potential updates to the FAQ.
Also, the following certification decisions have been provided by DEQ in recent years. DEQ and the Corps also work collaboratively on issuance of the State Program General Permits (SPGP). In Virginia, the SPGPs typically cover development and transportation activities.
As the certifying authority, DEQ provides a Section 401 Water Quality Certification (WQC) decision for USACE Nationwide permits, Regional permits and SPGPs. DEQ can also provide a WQC decision by issuing a VWP permit (§ 62.1-44.15:20.D).
- DEQ's Final Section 401 WQC for Regional Permit RP-01 (Amended 4/2025)
- DEQ's Final Section 401 WQC for Regional Permit RP-15 (October 2023)
- DEQ's Final Section 401 WQC for Regional Permit RP-11 (October 2023)
- DEQ's Final Section 401 WQC for Regional Permit RP-22 (August 2023)
- DEQ’s Final Section 401 WQC for 2021 and 2022 Nationwide Permits (December 2020)
- DEQ's Final Section 401 WQC for Baltimore District Bay TMDL Regional Permit (June 2020)
Virginia State Programmatic General Permits
State Programmatic General Permits (SPGPs) are a type of Section 404 permit issued by USACE to the Commonwealth of Virginia. DEQ then provides project review to determine it meets the criteria of the applicable SPGP. A project must be within applicable wetland and stream impact thresholds and meet all other limitations and conditions of the specific SPGP. The USACE leads the federal agency coordination for the project. If a project meets the eligibility criteria and conditions of the permit, then DEQ can provide verification of coverage on behalf of the USACE.
Proposed 2026 SPGPs
The current 2022 SPGPs noted below expire on August 1, 2026. The USACE published the issuance of the 2026 SPGPs on September 8, 2025.
DEQ provided its Final Section 401 Water Quality Certification on January 29, 2026.
The 2026 SPGPs (effective August 2, 2026) may only be used in non-tidal waters of the United States (WOTUS) and will still require that a DEQ Virginia Water Protection (VWP) general permit coverage or individual permit be issued in order for the project’s SPGP verification to be valid. More information regarding the 2026 SPGPs will be available on the USACE website as the federal process progresses.
- 22-SPGP to 26-SPGP Transition Flowchart 5-14-2026
- 26-SPGP-RCIR Verification Flowchart 5-15-2026
- 26-SPGP-LT Verification Flowchart 5-15-2026
2022 SPGPs
The existing 22-SPGP-RCIR and 22-SPGP-LT require that a DEQ Virginia Water Protection (VWP) general permit coverage or individual permit be issued in order for the project’s SPGP verification to be valid. The existing 23-SPGP-PASDO may require a VWP general permit coverage or individual permit from DEQ.
22-SPGP-RCIR: This federal general permit authorizes the discharge of dredged or fill material in non-tidal waters of the United States (WOTUS), including wetlands, associated with residential, commercial, institutional, and recreational development (RCIR) projects 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). Currently, these projects must not cause the loss of greater than 1 acre of WOTUS, must have no more than minimal individual and cumulative impacts to WOTUS, and must have avoided impacts to WOTUS to the greatest extent practicable.
22-SPGP-LT: This federal general permit authorizes the discharge of dredged or fill material in non-tidal WOTUS, including wetlands, associated with linear transportation (LT) projects within the geographical limits of the Commonwealth of Virginia* and under the regulatory jurisdiction of the Corps. Currently, these projects must not cause the loss of greater than 1/2 acre of WOTUS, must have no more than minimal individual and cumulative impacts to WOTUS, and must have avoided impacts to WOTUS to the greatest extent practicable.
2023 SPGP
23-SPGP-Pier, Aquaculture, Shoreline, Dredging, and Other (PASDO): This federal general permit replaces Norfolk District Regional Permits 02, 17, 18, and 19. The 23-SPGP-PASDO is administered by the U.S. Army Corps of Engineers, and authorizes the following types of activities: Piers, Other structures, Aquaculture, Mariculture, Shoreline stabilization, Dredging, Boat ramps/accessory structures, and Informative signs.
*SPGP is not available for use in the Commonwealth of Virginia sub-watersheds shared with the State of Tennessee. These watersheds are identified in Appendix A of the 22-SPGP-RCIR and 22-SPGP-LT documents. Applicants may instead apply to the Corps of Engineers for Nationwide Permit or Regional General Permit verifications or a Standard Individual Permit.
SPGP permits, and associated documents can be found below and on the Norfolk District website at:
https://www.nao.usace.army.mil/Missions/Regulatory/RBregional.aspx
22-SPGP Permit Verification Letter
Fillable 22-SPGP Federal Coordination Form
As the certifying authority, DEQ provides a Section 401 Water Quality Certification (WQC) decision for the Corps' Nationwide permits, Regional permits and SPGPs. DEQ can also provide a WQC decision by issuing a VWP permit (§62.1-44.15:20.D).
2022 401 WQ Certification for 22-SPGP-RCIR and 22-SPGP-LT (May 2022)
2023 401 WQ Certification for 23-SPGP-PASDO (May 2023)
For additional information please refer to our wetland and stream page under laws and regulations.
Virginia Marine Resources Commission
Activities occurring subaqueous or bottomlands, tidal wetlands, and coastal primary sand dunes may require authorization and/or permitting from the Virginia Marine Resources Commission (VMRC). Please visit the VMRC’s page about Habitat Management Permits. For assistance with the VMRC permit processes in a specific area of the State, visit VMRC’s territory contacts page.
Chapters 258 and 259 of the 2023 Virginia Acts of Assembly (HB 2181 and SB 1074) streamlined the permitting process reducing the number of permits required for activities in nontidal waters and will promote economic development while also ensuring that stream and wetland resources remain protected.
An Amendment MOA was signed on August 16, 2023 that allows DEQ to be the lead agency responsible for non-excluded permitting impacts to nontidal waters and VMRC will retain responsibility for permitting activities such as subaqueous land.
Chesapeake Bay Preservation Act
The Chesapeake Bay Preservation Act protects and improves water quality in the Chesapeake Bay by requiring the implementation of effective land use management practices. The local governments have primary responsibility for ensuring development activities in Chesapeake Bay Preservation Areas are accomplished in a manner that protects the quality of state waters. For more information about this program visit DEQ’s webpage for the Chesapeake Bay Preservation Act.
Virginia Coastal Zone Management;
DEQ serves as the lead agency for the Virginia CZM network of state agencies and coastal localities; and houses the Virginia CZM Program office in Richmond. DEQ helps develop coordinated policies and the network implements the enforceable laws, regulations and policies that protect our coastal resources and foster sustainable development across Virginia’s coastal zone. For more information about CZM visit DEQ’s webpage for Virginia CZM network.
If your project is located in or near Virginia’s coastal zone, and requires a US Army Corps of Engineers Individual Permit, you will need to complete a federal consistency review with DEQ’s Office of Environmental Impact Review. Virginia’s coastal zone is those counties and localities that have some tidal waters, generally its those counties that straddle or are east of I-95. Federal consistency review can take up to 180 days, and sometimes longer, and requires a public comment period. The US Army Corps of Engineers cannot issue their Individual Permit until DEQ agrees that the project is consistent with Virginia’s coastal laws and regulations. Additional information on this process can be found on DEQ’s website under the Office of Environmental Impact Review.
Virginia State Waters Delineator (VSWD) Certification Program
Program Overview
The Virginia Department of Environmental Quality (DEQ) has established the Virginia State Waters Delineator (VSWD) certification, a voluntary program that allows qualified professionals to submit State Surface Waters Delineations (SSWDs) in accordance with 9VAC25-210-10 and 9VAC25-210-45.
The VSWD certification signifies that a practitioner:
- Assumes professional responsibility for delineation accuracy
- Submits complete and reliable information to DEQ for review
The program is further described in the VSWD Program Overview and Requirements.
DEQ maintains a list of changes to the VSWD Overview document.
Why Get Certified?
DEQ prioritizes SSWDs submitted by VSWD-certified professionals, resulting in:
- Faster delineation approvals
- Increased efficiency in Virginia Water Protection (VWP) permit issuance
- Greater confidence in data quality and completeness
Program Purpose:
The VSWD program is designed to ensure accurate identification, documentation, and geolocation of all state surface waters, including wetlands and streams.
Certified professionals support:
- Due diligence and site evaluations
- Project planning and development
- Impact avoidance and minimization
- Compensatory mitigation planning
- Regulatory permitting processes
Eligibility & Requirements
Prerequisite
- Must hold a Professional Wetland Delineator (PWD) certification
- Obtain through the Virginia Department of Professional and Occupational Regulation (DPOR) DPOR Professional Wetland Delineators (PWD) Certification
How to Get Certified
To earn VSWD certification:
- Complete DEQ-approved Wetlands & Stream Identification training (see class information below);
- Obtain PWD certification
(These steps may be completed in either order.)
Training
Upcoming Training Sessions
Course: Stream Identification
- June 4, 2026
- September 30, 2026
Time: 9:00 AM – 4:30 PM
Location: DEQ Piedmont Regional Office, Glen Allen, VA
Cost: $220 per session
👉 Register through DEQ’s Environmental Learning Management System (ELMS)
📧 Questions: certification@deq.virginia.gov
This course provides:
- Understanding of stream indicators and classification
- Methods to identify the Ordinary High Water Mark (OHWM)
- Hands-on field training across multiple site conditions
After completing the course:
- Participants gain access to the Stream Identification exam
- Training can be retaken for continuing education (6 contact hours)
Certification Renewal
- Certification Valid for 3 years
Renewal Requirements:
- Maintain active PWD certification
- Complete 6 contact hours of continuing education
- Pay recertification fee
- Update certification in DEQ’s CATS system
Continuing Education Guidelines:
- Must relate to stream identification or delineation
- Led by qualified instructors
- 1 hour = 1 contact hour
- 1 training day = 6 contact hours
Continuing Education Resources
Examples include:
- Virginia Association of Wetland Professionals (VAWP)
- Lewis Ginter Botanical Garden (botany courses)
- Virginia Institute of Marine Science (VIMS) training programs
Additional Certification Opportunity
Wetlands Permitting Specialist Exam
- 40-question online exam (via ELMS)
- Passing score: 80%
- Demonstrates expertise in wetlands permitting
👉 Recommended preparation for the exam: VWP Permitting Webinar Series
Delineations
State Surface Waters Determinations (SSWD)
Following the 2023 Supreme Court decision in Sackett v. EPA, DEQ has increased its role in issuing state surface water determinations in coordination with Professional Wetland Delineators, providing greater regulatory certainty and helping to keep project development and permitting processes moving forward efficiently (announced in a June 29 press release and memo to stakeholders).
DEQ’s Virginia Water Protection (VWP) Permit Program regulates activities in all state surface waters, but the USACE only regulates activities in Waters of the United States (WOTUS). State Surface Waters Determinations themselves are a critical component of the permitting process, as they confirm the geographic extent of all streams, wetlands, and open waters within a project area. Delineations that are being submitted for confirmation by DEQ must be conducted in accordance with the 1987 Corps of Engineers Wetland Delineation Manual and applicable regional supplements. For DEQ permitting purposes, delineations must either be approved by DEQ through the SSWD process or verified through a U.S. Army Corps of Engineers (USACE) jurisdictional determination process. DEQ can accept a USACE Preliminary Jurisdictional Determination (PJD) or a DEQ SSWD, but if submitting a USACE Approved Jurisdictional Determination (AJD), applicants must also submit a DEQ SSWD.
The Surface Water Determination Request Form is used to determine the presence or absence of state surface waters on a property under applicable Virginia law and regulations. While DEQ determinations are authoritative at the state level, USACE may not accept them for all federal jurisdictional purposes (Note: USACE Norfolk District will accept a DEQ SSWD for purposes of applying for an SPGP).
The U.S. Army Corps of Engineers (USACE) has released two Enhanced Aquatic Resource Delineation Reporting resources (https://www.usace.army.mil/Media/Announcements/Article/4262089/1-august-2025-us-army-corps-of-engineers-enhances-aquatic-resource-delineation/ ) to assist with delineation reporting and review (August 1, 2025).
Surface Water Determination Request
The Surface Water Determination Request Form is for requesting a determination of the absence or presence of surface water(s) under Virginia jurisdiction on a subject property (§ 62.1-44.3 of the Code of Virginia and 9VAC25-210-10). The U.S. Army Corps of Engineers (USACE) regulatory program may or may not accept DEQ's State Surface Water Determination as determinative for their jurisdictional purposes. DEQ recommends coordination with a USACE representative on federal jurisdictional issues.
Additional Resources
- VSWD Training Instructions
- VSWD Program Overview & Requirements
- Surface Water Determination Request Form
- DEQ Informational Webinar (August 16, 2023) (VSWD Webinar pdf and recording link)
- Click to subscribe to receive email announcements for wetlands training.
- List of changes to the VSWD Overview document.
New Application Procedures for Projects Impacting Surface Waters
The U.S. Army Corps of Engineers (USACE) launched the Regulatory Request System (RRS) in September 2025. The RRS is a platform designed to streamline the permit review process and ensure timely coordination among agencies. RRS will be used to apply for approvals from USACE, DEQ, and VMRC for activities impacting surface waters in the Commonwealth. Once submitted, applications will be distributed to all three agencies by the following business day. Applicants will receive an email confirmation and will have access to real-time status updates via their personal dashboard on the RRS platform.
Please do not submit other requests through RRS. These include DEQ Notices of Planned Change (general permits), DEQ Minor Modifications (individual permits), DEQ Notification of Need to Continue Project Checklists (general permits), DEQ Major Modifications (individual permits), and change requests for issued USACE SPGP verifications. These types of requests can be emailed to the DEQ project manager associated with the original action, or in-lieu, to both of the following email addresses:
vwp.applications@deq.virginia.gov
The Virginia Marine Resources Commission (VMRC) will post applications and associated materials on its Habitat Management Division’s JPA tracking website (https://webapps.mrc.virginia.gov/public/habitat/) and will assign a corresponding tracking number for state use.
The Virginia Joint Permit Application is currently a fillable form within the RRS. There is a specific section to capture DEQ application requirements for a complete Virginia Water Protection (VWP) Permit Program application, and a section for uploading additional information, attachments, plans, or drawings. You may still submit an application for a VWP Permit directly to DEQ; however, you can also submit to the RSS and DEQ will receive your application.
If submitting a JPA.pdf form, email the submittal to vwp.applications@deq.virginia.gov. (Note: there is a 50 MB attachment size limit).
Questions regarding use of the RRS system can be directed to the USACE-Norfolk District Regulator of the Day email address: CENAO.REG_ROD@usace.army.mil (CENAO.REG_ROD@usace.army.mil), or rrs@usace.army.mil (rrs@usace.army.mil).
DEQ strongly encourages applicants to include the applicable VWP Permit Application complete checklist found under the "Checklist" section to ensure all required materials are provided.
Please visit Virginia Marine Resources Commission Habitat Management Division page at https://webapps.mrc.virginia.gov/public/habitat/ and the Norfolk District Army Corps of Engineers Regulatory page at https://www.nao.usace.army.mil/Missions/Regulatory-Branch/.
Authority to protect wetlands and streams and administer Virginia Water Protection (VWP) permit regulations is given by §62.1-44.15:20 of the Code of Virginia. The over-arching regulation for the VWP permit program is found in 9VAC25-210. Below is a list of applicant laws regulations and guidance documents.
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9 VAC 25-210 Virginia Water Protection Permit Program Regulation
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9VAC 20 Fees for Permits and Certificates
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Section 404(b)(i) Guidelines Mitigation Memorandum of Agreement (2/90);
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Compensatory Mitigation for Losses of Aquatic Resources: Final Rule (USEPA/USACE, April 10, 2008) (Final Mitigation Rule). In 2008, the U.S. Environmental Protection Agency (USEPA) and USACE through a joint rulemaking expanded the Clean Water Act Section 404(b)(1) Guidelines to include more comprehensive standards for compensatory mitigation. In 2008, the Commonwealth revised VWP permit regulations in order to align with the Final Mitigation Rule to promote no net loss of wetland acreage and function, stream functions and water quality benefits.
For more information on how regulations are developed, please visit DEQ's Regulatory Guide that describes the Administrative Process Act (APA). New regulations or revisions to existing regulations are posted in the Virginia Register. Public meetings, public notices, and regulatory actions may also be posted on the Virginia Town Hall. Some regulatory actions, such as the development and revision of general permit regulations are exempt from certain steps in the APA.
Checklists
Permitting Enhancement and Evaluation Platform (PEEP)
VWP Checklist 1 - GP Compensation Required
VWP Checklist 2 - GP No Compensation Required
VWP Checklist 5 - GP 45-Day Auto Coverage
VWP Checklist 6 - Open Water Exclusion
VWP Checklist 7 - Open Water No Compensation Required
VWP Checklist 8 - Single and Complete Worksheet
Notification of Need for Project Continuation Checklist
View interactive DEQ regional map.
Contacts
| Regional Office | VWP Permit Program Manager | Processing/Coordination Contact | Processing Phone | ||
| Blue Ridge | Tim Fletcher | brro.vwp@deq.virginia.gov | 540-562-6700 | ||
| Central-OWS | Trevor Lawson | withdrawal.permitting@deq.virginia.gov | 804-698-4000 | ||
| Central-OWSP | Brenda Winn | vwppublicnotices@deq.virginia.gov | 804-659-2675 | ||
| Northern | Margaret Dannemann | vwp.nro@deq.virginia.gov | 703-583-3800 | ||
| Piedmont | Matthew Richardson | pro.vwpcompliance@deq.virginia.gov | 804-659-2696 | ||
| Southwest | David Nishida | swro.waterpermits@deq.virginia.gov | 276-676-4800 | ||
| Tidewater | Jeff Hannah | vwp.tro@deq.virginia.gov | 757-518-2000 | ||
| Valley | Eric Millard | vro.vwp@deq.virginia.gov | 540-217-7483 |
