Author

Charlotte headshot

Charlotte Mitchell Duyshart

Associate Legislative Director, Environment, Energy & Land Use | Gulf Coast Regional Forum

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.

View Analysis

Related News

electricity
County News

Counties play growing role in fight to lower utility costs for residents

County governments rarely have a direct role in the energy market, but a new NACo report finds that counties can often be most effective as advocates, helping lower residents’ utility costs by leveraging state programs, local partnerships and outreach.

2165857864
Advocacy

U.S. Senate advances Bipartisan American Affordability and Jobs Act in initial procedural vote

On Nov. 9, the U.S. Senate advanced the Bipartisan American Affordability and Jobs Act (S. 5653) through a successful vote to invoke cloture. The 73-25 vote sets up further debate and consideration in the chamber.

Mason County, W.Va. Commissioner Rick Handley speaks to NACo Annual Conference attendees. Photo by Charlie Ban
County 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.