CNCounty News

Final WOTUS rule comes up short

Image of drainage-ditch-stock (1).png

T he Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) an nounced their final Clean Water Rule: Definition of Waters of the United States (WOTUS) rule, which would increase the number of streams and wetlands that are protected under the Clean Water Act (CWA). The rule, announced May 27, will take effect in 60 days after its publication in the Federal Register .

In a statement released the same day, NACo Executive Director Matt Chase said the rule falls short of adding clarity to protecting the nation's waters and adds costs with few benefits.

"While we appreciate the agencies' recent efforts, the flawed consultation process has resulted in a final rule that does not move us closer to achieving clean water goals and creates more confusion than clarity," Chase said.

"Counties support common-sense environmental protection, but the final rule expands federal over sight and will create costly delays in critical work without any proven environmental benefit."

NACo is undertaking an exten sive analysis of the rule's impact on counties.

Following are initial highlights.

There are eight categories of waters that fall under federal ju risdiction traditional navigable waters, interstate waters, territorial seas, impoundments (i.e. dams), tributaries, adjacent waters and specific regional features/100-year floodplain/4,000 feet from WO TUS with a significant nexus.

The first four categories are essentially unchanged from cur rent rule traditional navigable, interstate, territorial seas and im poundments

Ditches and channels are classified as tributaries. However, the final rule contains exemptions for certain types of ditches. NACo is assessing whether the language is helpful for counties

Prairie potholes, Carolina bays and Delmarva bays, pocosins, western vernal pools and Texas coastal prairie wetlands may be jurisdictional

All waters located within a 100-year floodplain and all waters within 4,000 feet of the high-tide line or ordinary high water mark may trigger the significant nexus determination and be subject to WOTUS regulation.

Storm water systems and wastewater recycling structures are exempt if they are built on "dry land." However, it's less certain whether storm water systems that have a portion of the system built in floodplains or adjacent to a WOTUS, are exempt.

Attachments

Related News

Cooling towers byron IL
Advocacy

White House signs executive orders to advance nuclear power

On May 23, President Trump signed four executive orders focused on expanding the nuclear energy industry. The executive orders aim to position nuclear power as a key contributor to energy reliability, economic growth and national security — especially as artificial intelligence, advanced manufacturing and military operations increase demand for stable, high-density power sources. 

Image of supreme court.jpg
Advocacy

U.S. Supreme Court issues unanimous decision in landmark National Environmental Policy Act case

On May 29, the U.S. Supreme Court issued a unanimous decision in Seven County Infrastructure Coalition v. Eagle County, Colorado that will reshape requirements for National Environmental Policy Act (NEPA) environment impact statements. 

Greg Brophy, Colorado director of the Western Way, addresses the WIR Board of Directors. Photo by Charlie Ban
County News

Interest in energy generation builds in the West

Counties are exploring the potential for energy generation on their public lands, but local control will set the stage for a tradeoff.