WASHINGTON, D.C. (RFD News) — The Environmental Protection Agency (EPA) and the Army are considering a narrower test for determining which streams and wetlands qualify as federally regulated waters, potentially reducing Clean Water Act jurisdiction over some intermittent features that affect farms and ranches.
The supplemental proposal released on Friday would generally define “relatively permanent” waters as perennial, meaning standing or continuously flowing every day under ordinary conditions. A predictable dry period of up to 30 consecutive days could still qualify.
For producers, the distinction could affect permitting around drainage features, wetlands, and other waters. A feature routinely dry for roughly 90 days each year would not meet the proposed perennial standard.
The agencies are also considering a stricter “continuous surface connection” test for wetlands as they implement the Supreme Court’s 2023 Sackett decision, which rejected the broader significant-nexus approach.
Nothing changes immediately. This is a supplemental proposal, and EPA will accept comments for 30 days after publication in the Federal Register before developing a final rule.
