Public comments will be accepted until October 9 on a proposed rule updating definitions that determine what is considered a Waters of the United States (WOTUS). WOTUS are waterbodies, such as wetlands, that are regulated under the Clean Water Act (CWA), the primary federal law that protects water resources in the United States. The rule will narrow terms such as “perennial,” “relatively permanent,” and “continuous surface connection,” creating conditions that require wetlands to have permanent water all year to be regulated under the CWA.

This decision comes after Sackett v. EPA, which, according to the Natural Resources Defense Council (NRDC), “declared that streams had to be relatively permanent to be protected, which undermined the law for rain-dependent streams. It also declared that wetlands could only be protected if they have a continuous surface connection to relatively permanent waters.”

By definition, a wetland is an area that may have water either permanently or temporarily. In fact, many wetlands dry up for varying amounts of time. The current and past proposed changes to what qualifies as a wetland and can be protected under the CWA are not based on the scientific definitions of what we know and understand a wetland to be.  It limits most wetland protection to major rivers and lakes, but omits sensitive ecosystems such as small ephemeral streams, swamps, marshes, vernal pools, and other wetland types that may experience dry periods, leaving large expanses of sensitive landscapes open to destruction.

The NRDC estimates that at least 86 percent of freshwater wetlands nationwide would lack protection under the new rule. Continuing to limit the scope of wetlands that are protected under the CWA puts communities at risk of flooding because it allows developers to destroy natural flood infrastructure with no mitigation, tracking, or accountability. Increasing and unpredictable storms and flooding are major challenges we can be expected to face in the future, and our wetlands are not negotiable in this fight – they are essential.

Encourage the EPA to reject the proposed rule during the comment period 

For years, there has been substantial regulatory rollbacks based on unscientific assumptions of what a wetland is, causing thousands of wetlands and streams nationwide to be exempt from protection. Consider adding your voice and urge the EPA to deny the proposed rule by October 9 in two ways: 

  1. Comments can be submitted directly to the EPA using this form. You must create and upload a file, such as a word document, to submit your comments. 
  2. Comments can be submitted using the NRDC’s messaging tool.

Learn more

Wetlands at Prophetstown State Park. Image by Susie McGovern

Categories: Public Comments, Public Notices, Sustainable Development and Green Infrastructure, Water & Wilderness Protection, Wetlands