EPA Requested Public Comment on WOTUS Definitions
The EPA and Army Corps of Engineers are seeking feedback on a supplemental proposal for water protection rules.
Updated on Oct. 6, 2026 in Utilities
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Should federal environmental protections for wetlands be limited to only those with year-round water connections?
On September 9, 2026, the EPA and Army Corps of Engineers opened a public comment period regarding a supplemental proposal to define waters of the United States. The agencies are refining specific definitions following a November 2025 proposal.
Why it matters
This initiative seeks to clarify regulatory language surrounding water protection following a major 2023 Supreme Court ruling. The updated definitions have significant implications for the scope of federal authority under the Clean Water Act.
The proposal defines perennial water bodies as those flowing every day except for an annual dry period not exceeding 30 consecutive days. This provides a specific duration threshold for regulatory classification under the updated guidelines.
The players
Environmental Protection Agency
This federal agency is responsible for creating and enforcing regulations that protect human health and the natural environment.
Army Corps of Engineers
This federal agency provides engineering services and manages water infrastructure and regulatory programs in the United States.
The details
The proposal requires wetlands to maintain a continuous surface water connection with relatively permanent water to qualify for federal protection. Officials are specifically seeking input on how these connections and permanent water states are defined in the context of recent legal precedents.
Timeline
The Clean Water Act passed in 1972.
The Supreme Court ruled on Sackett v. EPA in 2023.
A WOTUS definition proposal was introduced in November 2025.
The public comment period opened on September 9, 2026.
The public comment period closes on October 9, 2026.
Market Landscape
This proposal updates agency definitions to align with the 2023 Supreme Court decision in Sackett v. EPA. The current proposal marks a direct regulatory response to the constraints established by the Court's ruling.
Changes to WOTUS definitions may alter regulatory requirements for land use and development projects across the country. Property owners and developers should monitor how these updated criteria impact permit requirements for projects involving wetlands or water bodies.
The takeaway
The ongoing comment period represents a critical window for stakeholders to shape federal water policy. Understanding these technical definitions is essential for anyone involved in projects subject to Clean Water Act oversight.
Further reading
Learn more about federal water regulations on the Utilities section page.
Source note: This article includes information reported by Farm Progress.
Live Poll
Should federal environmental protections for wetlands be limited to only those with year-round water connections?
