US WOTUS regulatory definition proposals

The U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers have introduced supplemental proposals to redefine ‘waters of the United States’ (WOTUS) to comply with the Supreme Court’s ruling in Sackett v. EPA.

Initial proposals suggested a ‘relatively permanent’ test, requiring waterways to hold water every day of the year under normal conditions to qualify for federal protection. This standard would limit wetland protections to those with a direct connection to a water body meeting the daily-flow requirement. While a drought provision was included to maintain protections for up to five years during dry periods, critics argued the rule would impact regions with intermittent streams.

Subsequent regulatory notices have suggested an even narrower ‘perennial’ standard. This approach would limit federal jurisdiction to streams and wetlands containing water year-round, either by defining ‘relatively permanent’ waters as perennial or by requiring a continuous surface connection to jurisdictional water. The agencies are currently seeking public feedback on whether to proceed with the November 2025 proposal or adopt these more restrictive perennial standards.