CNCounty News

Final WOTUS rule comes up short

Author

Image of Charlie_Ban-Crop.jpg

Charlie Ban

County News Digital Editor & Senior Writer

Upcoming Events

Conference

NACo AI South Regional Forum

Conference

2025 NACo Legislative Conference

Related News

Advocacy

County Countdown – Nov. 4, 2024

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

Santa Claus had an unwelcome surprise for Milwaukee County, Wis. Parks workers when they uncovered his gifts in an illegal dumping site. Photo courtesy of Peter Bratt
County News

New trails in Milwaukee County help curtail illegal park dumping

While new fines will help defray cleanup costs, Milwaukee County, Wis. Parks hopes making it harder to reach remote places will reduce illegal dumping.

Pipes
Advocacy

EPA announces proposed Lead and Copper Rule Improvements

EPA announces proposed Lead and Copper Rule Improvements.

THE_County Countdown_working_image-4.png
Advocacy

County Countdown – Nov. 4, 2024

This week's County Countdown features interviews from this year’s NACo Annual Conference.