Regulatory Update: EPA’s new Navigable Waters Protection Rule

Published On: June 24, 2020

On June 22, 2020 the EPA’s new Navigable Waters Protection Rule went into effect in 49 states.

This Rule further defines Waters of the United States (WOTUS) as it relates to “navigable waters” protected in the Clean Water Act; outlining four categories of waters that are considered WOTUS: territorial seas and traditional navigable waters (TNWs); tributaries; lakes, ponds, and impoundments of jurisdictional waters; and adjacent wetlands.

The Rule also details exclusion categories, waters that are not “waters of the United States,” including but not limited to the following: groundwater; ephemeral features; farm and roadside ditches; prior converted cropland; artificial lakes and ponds; and waste treatment systems.

The Rule should minimize requirements for permitting and mitigation on projects with wetlands and potential wetlands on the site.  Sigma can help you evaluate site conditions and evaluate potential solutions to move your project forward where wetlands have been or could be an impediment to development.

Contact Sigma’s specialists for more information:
Josh Neudorfer | 414.643.4132 |
Christopher Carr, P.E. | 414.643.4163 |

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