Conditions described here were accurate only as of the date shown and may have changed. This is not a substitute for current official information from the agency with jurisdiction. See the full notice. Full notice.
Clean Water Act Proposal on Streams and Wetlands Closes to Comment Friday
EPA and the Army Corps added new options to last year's proposal. The deadline is October 9.
The public comment period on a supplemental proposal to redefine "waters of the United States," the term that sets which streams, wetlands and other waters fall under the federal Clean Water Act, closes Friday, October 9. The Environmental Protection Agency and the Army Corps of Engineers published the supplement in the Federal Register on September 9.
It builds on a proposed rule from November 2025, which the agencies say is meant to bring the definition in line with the Supreme Court's 2023 Sackett decision and make the program more predictable. That proposal drew about 220,000 comments. The supplement adds further regulatory options on parts of it, including how terms such as "relatively permanent" and "continuous surface connection" are defined, and how wetlands that are only intermittently connected to other water are treated.
The comment summary in the notice shows the split. Some commenters said the proposal follows Sackett; others said it would increase uncertainty and harm water quality. Several objected to leaving out ephemeral streams, which flow only after rain or snowmelt, citing the functions they serve; others argued the agencies' "wet season" test did not go far enough. The agencies note that waters falling outside federal jurisdiction can still be regulated by states. For anglers and hunters, the practical question is how much of the headwater and wetland habitat that supports fish and waterfowl stays under federal protection.
Comments must be received by October 9. File them at regulations.gov under docket EPA-HQ-OW-2025-0322, or email [email protected] with the docket number in the subject line.
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