EPA Proposes New WOTUS Rule to Simplify Land Use Near Seasonal Waters and Wetlands

What's happening

The Environmental Protection Agency (EPA) has introduced a proposed revision to the definition of "Waters of the United States" (WOTUS) under the Clean Water Act, aiming to clarify and reduce regulatory burdens on landowners. This move seeks to roll back aspects of an Obama-era rule that expanded federal jurisdiction over various water bodies, including intermittent streams and seasonal puddles. EPA Administrator Lee Zeldin and Assistant Secretary of the Army for Civil Works Adam Telle announced the proposal, emphasizing a goal of creating a consistent and durable definition that would not shift with changing administrations. Once published, the rule will be open for a 45-day public comment period, allowing stakeholders to weigh in on the changes.

The background to this development traces back to the 2015 Clean Water Rule, which introduced the "significant nexus" standard to determine which waters fall under federal protection. This standard extended jurisdiction to waters that, while not navigable themselves, had a meaningful connection to traditional navigable waters downstream. As a result, many land areas that were previously usable for development or agriculture became subject to federal restrictions. The case of Sackett v. EPA brought this issue to the Supreme Court, where the Court ruled in 2023 against the broad application of the significant nexus test, finding it inconsistent with the Clean Water Act's limits.

The Sackett case involved landowners who were prohibited from building on their property due to the presence of wetlands connected to a creek and ultimately a lake, which the EPA had deemed protected waters. The EPA had even threatened the Sacketts with fines of up to $40,000 per day for noncompliance. The Supreme Court's ruling curtailed the EPA's authority to regulate such waters, emphasizing the need for a clearer and narrower definition of WOTUS. Following this decision, the Biden administration issued an amended rule, but critics argued it failed to fully align with the Court's guidance and lacked adequate public input.

The proposed EPA rule aims to address these concerns by refining key definitions within the WOTUS framework. It seeks to clarify what constitutes a "relatively permanent" water body, a "continuous surface connection," and a "tributary," ensuring that only waters with predictable and consistent flow connecting to traditional navigable waters fall under federal jurisdiction. Wetlands would need to have a continuous surface connection to jurisdictional waters and hold surface water year after year to qualify. The proposal also includes new exclusions for certain ditches, prior converted cropland, waste treatment systems, and groundwater, reflecting a narrower scope of federal oversight.

What's at stake

State and tribal authorities are given a strengthened role in the proposed rule, with clearer regulatory guidelines that recognize their expertise in managing local land and water resources. The EPA also plans to incorporate terminology familiar to local communities, such as "wet season," to help determine whether a water body qualifies as WOTUS. This approach aims to reduce uncertainty for landowners, farmers, contractors, and small business owners who have struggled to understand whether their land features fall under federal regulation, often facing costly legal and consulting fees.

West Virginia Governor Patrick James Morrisey described the previous WOTUS rule as an example of federal overreach that created confusion and hardship for many Americans. The new proposal is intended to provide a more straightforward, prescriptive definition that landowners can apply without needing extensive legal assistance. Administrator Zeldin highlighted that the simplified definition would bring relief and clarity, enabling individuals to know with confidence whether their property contains federally regulated waters. This clarity is expected to benefit a wide range of stakeholders, from agricultural producers to developers and local governments.

The stakes of the WOTUS definition are significant because they determine the extent of federal regulatory authority over land and water use. Broad definitions can restrict development, agriculture, and land management activities, while narrower definitions may reduce environmental protections for certain water bodies. The EPA's proposal reflects an effort to balance environmental concerns with economic and property rights interests. It also responds to judicial mandates and political pressures to create a stable regulatory environment that does not shift dramatically with each presidential administration.

Looking ahead, the EPA will review public comments submitted during the 45-day period before finalizing the rule. The agency's ability to implement the proposed changes depends on navigating legal challenges and political opposition from environmental groups and some states. The finalized rule could take effect within the next year, but its durability will likely be tested in courts. Observers will be watching how the EPA balances environmental protection goals with the desire for regulatory certainty and how states and tribes engage with the new framework. The outcome will shape land use and water protection policies for years to come.

Why it matters

The proposed rule aims to clarify which waters fall under federal jurisdiction to reduce landowner uncertainty. It responds to a 2023 Supreme Court decision limiting the EPA's authority over certain water bodies. The rule change could ease restrictions on land use near seasonal and intermittent waters.

Stronger state and tribal roles are included to enhance local decision-making on water resources. Public input will be solicited during a 45-day comment period before the rule is finalized.

Key facts & context

The 2015 Clean Water Rule introduced the 'significant nexus' standard expanding federal water protections. The Supreme Court ruled in Sackett v. EPA (2023) that the EPA's broad application of WOTUS was unlawful. EPA Administrator Lee Zeldin and Assistant Secretary Adam Telle announced the proposed rule revision.

The proposal defines terms like 'relatively permanent' and 'continuous surface connection' to limit scope. Wetlands must have a continuous surface connection and hold water year after year to be regulated. Certain ditches, prior converted cropland, waste treatment systems, and groundwater are excluded.

The rule includes a 45-day public comment period once published for stakeholder feedback. West Virginia Governor Patrick Morrisey criticized the previous rule as federal overreach. The Biden administration's amended WOTUS rule was seen as insufficiently aligned with the Supreme Court.

The EPA aims to create a stable definition that will not change with each new administration. The proposed rule seeks to incorporate local terminology such as 'wet season' to aid clarity. The EPA's final rule timeline depends on public comments and potential legal challenges.

Timeline & key developments

2025-11-18: EPA's Proposed WOTUS Rule Eases Land Use Near Puddles. Additional reporting on this topic is available in our broader archive and will continue to shape this timeline as new developments emerge.

Primary sources

• epa.gov document
• epa.gov document
• epa.gov document
• epa.gov PDF
• federalregister.gov document
• supremecourt.gov PDF

Further reading & references

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