The EPA and USACE just issued a new proposed WOTUS rule that could significantly narrow which wetlands and surface waters fall under federal Clean Water Act jurisdiction.

Key shifts include:

• Jurisdiction tied to “relatively permanent” waters
• Wetlands must have a true continuous surface connection
• Further rollback of the significant nexus test
• Clearer exclusions for cropland and waste-treatment systems

What this means: Many features previously considered federally jurisdictional may no longer require Section 404/10 permitting, shifting more responsibility to state and local programs and potentially changing project timelines, risk, and mitigation needs.

WGA is already reviewing the proposed rule and advising clients on how these changes may affect development, infrastructure, and energy projects across Texas and the Gulf Coast.

Regulatory changes bring uncertainty, but with the right technical guidance they don’t have to slow your progress. If you need a focused review of how this may affect your project, we’re here to help.

Brady O’Neal
boneal@wga-llc.com
Brady O’Neal – LinkedIn