WOTUS Rule – Recently Updated

  September 26, 2023

The WOTUS Rule, which stands for “Waters of the United States,” is an important environmental regulation that defines which water bodies are protected under the Clean Water Act. In essence, it determines the extent of federal jurisdiction over bodies of water, including streams, wetlands, and other water sources. The rule’s intent is to help maintain water quality and seeks to ensure that activities impacting these waters are properly regulated. As a landowner, it is important to stay up-to-date on the latest changes to the WOTUS Rule. 

The original WOTUS Rule was established in 2015, but it has faced ongoing legal challenges and controversy. To clarify the definition and provide more certainty to landowners and other stakeholders, the rule has recently been revised. Understanding the basics of the WOTUS Rule  helps landowners and land buyers navigate their responsibilities and obligations. By staying informed about the updated rule, landowners can ensure compliance and contribute to the preservation of clean and healthy water for future generations.

The original rule, implemented in 2015, faced controversy and confusion due to its broad definition of protected water bodies. The revised rule aims to provide a more precise and understandable definition, giving landowners a better understanding of their responsibilities and obligations. By revising the rule, the government aims to strike a balance between protecting the nation’s water resources and allowing for responsible land use and development. 

One of the main changes is the narrowing of the definition of protected water bodies. Under the revised rule, only four categories of water sources are considered “waters of the United States”: traditional navigable waters, tributaries, certain ditches, and certain lakes and ponds. This change provides more clarity and specificity. Another important change is the elimination of certain exemptions and exclusions, which means that more water sources may now be subject to regulation. Landowners must also take note of the revised definition of “adjacent wetlands,” as it impacts the extent of federal jurisdiction. 

With the new rule, landowners need to be aware of the four categories of water sources that are considered “waters of the United States,” which include traditional navigable waters, tributaries, certain ditches, and certain lakes and ponds. This means that landowners may have to obtain permits for activities that could impact these water bodies, such as construction, drainage, or discharges. Additionally, the elimination of certain exemptions and the revised definition of “adjacent wetlands” mean that more water sources may now be subject to regulation. 

To comply with the revised WOTUS Rule, landowners can take several steps. First and foremost, they should familiarize themselves with the specific water bodies that are now considered “waters of the United States”. This will help them understand the extent of federal jurisdiction and whether their land or water resources are impacted. Next, landowners should assess any potential activities on their property that may impact these water bodies, such as construction, drainage, or discharges. If these activities are likely to have an impact, landowners may need to obtain permits or follow certain regulations.

By staying educated and proactive, landowners can navigate the revised WOTUS Rule and ensure they are fulfilling their responsibilities while preserving the health of our water resources. Contact us to assist in buying and selling land to ensure your goals and legalities are met.