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Home builders throughout Virginia need to submit their comments by July 28. HBAV members are strongly encouraged to provide comments to HBAV or directly to the USACE
The U.S. Army Corps of Engineers (USACE) is accepting public comment on the Virginia Department of Environmental Quality’s (DEQ) proposal to establish the Wetland and Stream Replacement Fund (WSRF), a state-managed in-lieu fee program (ILF) designed to reduce permitting delays driven by recurring mitigation credit shortages around the state. The fund would provide developers a reliable alternative when private mitigation bank credits are unavailable, helping avoid costly delays that increase housing costs.
USACE’s public comment period allows the housing industry to weigh in on the fund’s draft prospectus, which outlines key details about how the fund will operate, credit eligibility and pricing, and other important operational factors.
The public comment period closes July 28 at 5 p.m. EDT.
“Credit shortages and credit price volatility have been persistent challenges for the housing industry and the broader economic development community. Housing costs have gone up and Virginia has missed out on several major economic development investments as a result,” said Andrew Clark, vice president of government affairs for the Home Builders Association of Virginia (HBAV). “This is a practical solution to a statewide issue, and we strongly encourage builders, developers, and local leaders to submit comments before the July 28 deadline to help move this important effort forward.”
HBAV’s Multi-Year Advocacy to Address Credit Shortages
HBAV has been at the forefront of advancing solutions to address permitting delays caused by mitigation credit shortages and resource constraints at the USACE Norfolk District. During the 2021 General Assembly Session, HBAV passed HB 1983, allowing developers to purchase credits from broader geographic areas, or “secondary service areas.” During the 2023 and 2024 General Assembly Sessions, HBAV advanced legislation to resolve key concerns raised by USACE and secured budget language to ensure the DEQ has the resources necessary to pursue federal approval and implement the state-run ILF mitigation program. ILFs offset unavoidable impacts to wetlands and streams with funds used for wetland and stream restoration or preservation.
The USACE Norfolk District oversees construction permitting across Virginia, including wetland and stream delineations, jurisdictional determinations, and the issuance of Nationwide and Individual Permits. It also reviews and approves mitigation banks that provide credits developers use to offset environmental impacts.
You can read more about HBAV’s efforts here.
How You Can Help: Review and Provide Comments
HBAV will be submitting formal public comments on behalf of the industry. Additionally, members are also encouraged to submit comments directly via website or email. Members can review the draft prospectus, particularly Part III, “Establishment and Operation,” which outlines provisions relevant to the development industry. Please identify elements that strengthen the proposed program as well as any requirements that may limit its effectiveness. Then, provide your comments to [email protected]. To submit comments online, visit the Regulatory Request System. Select “Norfolk District” from the left-hand menu, then click the “Submit Comments” icon next to the Wetland and Stream Replacement Fund notice. Email comments can be sent to [email protected].
Here’s a quick checklist to ensure your voice is heard on this critical issue:
- Review the draft prospectus
- Send your comments to HBAV’s Andrew Clark, [email protected]
- Submit a public comment online via the Regulatory Request System or email comments to [email protected].