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How much water does it take for a stream or wetland to fall under federal jurisdiction? The EPA's new proposal aims to answer that by redefining key terms and narrowing the scope of federal oversight.
Todd Schebor breaks down what's in the proposal, including:
- A focus on "relatively permanent" waters, defined by sustained flow during a region's wet season
- Clarification that wetlands would need a true surface connection to a navigable water to qualify for federal protection
- More authority would shift to states, creating a more uneven regulatory landscape across the country
- Developers and landowners may see fewer federal permits but more state-level variability
With public comments due on January 5th, now is the time to assess how the rule could affect upcoming projects and consider whether to weigh in.
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