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EPA, Army Corps Propose Narrower Clean Water Act Rule, Leaving Many Wetlands Outside Federal Reach

The draft is billed as codifying Sackett limits, with a 45-day comment period now open.

Overview

  • An EPAArmy Corps analysis estimates about 19% of federally mapped wetlands in the contiguous U.S. would remain covered under the proposed WOTUS definition.
  • The draft defines key terms such as “relatively permanent,” “continuous surface connection,” and “tributary,” requiring connections with predictable, consistent flow and a defined bed and banks for streams.
  • The proposal preserves exclusions for certain ditches, prior converted cropland, and waste treatment systems, adds an exclusion for groundwater, limits permafrost wetlands, and applies a “wet season” standard for surface water.
  • EPA frames the move as shifting more decision-making to states and tribes and providing clarity for landowners and industry, while environmental groups warn of increased pollution, wetland loss, and likely lawsuits.
  • At least two hybrid public meetings are planned during the 45-day comment window, with agency documents noting impacts will vary widely by state, including very low projected coverage in Arizona and Iowa.