NACo Regulatory Analysis: The Waters of the United States
Author
Charlotte Mitchell Duyshart
Upcoming Events
Related News
“Waters of the United States” is a phrase used in the Clean Water Act (CWA) to determine which waters are subject to federal jurisdiction. The CWA establishes the basic governance structure for pollution of the nation’s surface water, prohibiting the discharge of certain pollutants into “navigable waters,” which are defined as “waters of the United States, including the territorial seas.” However, the term waters of the United States, or WOTUS, is not further defined in the CWA. As such, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers – the two agencies responsible for administering the CWA – have defined WOTUS in regulations.
The definition of WOTUS directly impacts county governments as owners and operators of local infrastructure. Counties are responsible for public safety water conveyances, municipal separate stormwater sewer systems (MS4), green infrastructure construction and maintenance projects, water reuse infrastructure and emergency management systems. Depending on whether a certain water meets the definition of WOTUS, counties may need to apply for a federal permit to maintain or build new infrastructure projects.
Advocacy Hub
Waters of the U.S. Action Center
Find the latest resources from NACo on Waters of the U.S.
Related News
County leaders push for a voice in data center regulation authority
County officials in states like West Virginia and Texas are limited in their ability to regulate data centers while still held accountable by their residents.
The "Backslash Backlash:" Counties pivot in the data center buildout
Data center development across the country has put a new focus on county policies, how they regulate land use and more for local residents and how they could shape the path for economic growth built around artificial intelligence and information technology.
Chips, Compute and Counties
NACo CEO Matt Chase: "The fundamentals remain the same [when it comes to data centers]: demand a seat at the table, study the supply chain, understand the financing capital stacks, ask hard questions and fight for a deal that leaves your community better off — not used and abused."