The U.S. Environmental Protection Agency (EPA) and the Department of the Army published a proposed revision to the definition of waters of the U.S. (WOTUS) in the Federal Register on February 14, 2019. The purpose of the proposed rule is to comply with the requirements of Executive Order 13778.
The proposed revised definition of WOTUS includes six categories of waters, as follows:
- traditionally navigable waters (TNWs) including the territorial seas;
- tributaries that contribute perennial or intermittent flow to TNWs;
- certain ditches;
- certain lakes or ponds;
- impoundments of otherwise jurisdictional waters; and
- wetlands adjacent to jurisdictional waters.
The proposed rule is available for public comment, which must be received on or before April 15, 2019, via the federal rulemaking portal (online), e-mail, mail, or hand delivery.
If you have any questions regarding the proposed rule or how it may affect a current or proposed project, please contact Westward’s Ecology Team at (830) 249-8284.