EPA Proposes Narrower Water Test For Federal Jurisdiction

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.

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.

Farm-Level Takeaway: The proposed approach could reduce federal permitting exposure for some intermittent waters while leaving state and Tribal regulation intact.
Tony St. James, RFD News Markets Specialist

Tony St. James joined the RFD-TV talent team in August 2024, bringing a wealth of experience and a fresh perspective to RFD-TV and Rural Radio Channel 147 Sirius XM. In addition to his role as Market Specialist (collaborating with Scott “The Cow Guy” Shellady to provide radio and TV audiences with the latest updates on ag commodity markets), he hosts “Rural America Live” and serves as talent for trade shows.

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