A Guide for Land Owners on the Updated WOTUS Rule

As a landowner, it is important to stay up-to-date on the latest changes to the WOTUS Rule. The WOTUS Rule was recently updated, and it is important for all landowners to understand the new changes. We’ll provide a guide for landowners on the updated WOTUS Rule, to ensure they are aware of their rights and responsibilities under the revised rule.

What is the WOTUS Rule?

The WOTUS Rule, which stands for "Waters of the United States," is an important environmental regulation that defines which water bodies are protected under the Clean Water Act. In essence, it determines the extent of federal jurisdiction over bodies of water, including streams, wetlands, and other water sources. The rule’s intent is to help maintain water quality and ensures that activities impacting these waters are properly regulated.

The original WOTUS Rule was established in 2015, but it has faced ongoing legal challenges and controversy. To clarify the definition and provide more certainty to landowners and other stakeholders, the rule has recently been revised. Understanding the basics of the WOTUS Rule is crucial for landowners and land buyers, as it helps them navigate their responsibilities and obligations when it comes to their water resources. By staying informed about the updated rule, landowners can ensure compliance and contribute to the preservation of clean and healthy water for future generations.

Why has the WOTUS Rule been revised?

The WOTUS Rule has been revised to address ongoing legal challenges and provide clarity for landowners and other stakeholders. The original rule, implemented in 2015, faced controversy and confusion due to its broad definition of protected water bodies. You can learn more about the history of WOTUS in our previous article, “Here’s What to Know About WOTUS”. The revised rule aims to provide a more precise and understandable definition, giving landowners a better understanding of their responsibilities and obligations. By revising the rule, the government aims to strike a balance between protecting the nation's water resources and allowing for responsible land use and development. It is important for landowners to stay informed about the revisions to ensure compliance and to navigate any changes that may affect their land and water resources.

What are the key changes in the revised WOTUS Rule?

The revised WOTUS Rule brings several key changes that landowners need to be aware of. One of the main changes is the narrowing of the definition of protected water bodies. Under the revised rule, only four categories of water sources are considered "waters of the United States": traditional navigable waters, tributaries, certain ditches, and certain lakes and ponds. This change provides more clarity and specificity, allowing landowners to better understand which water bodies fall under federal jurisdiction. Another important change is the elimination of certain exemptions and exclusions, which means that more water sources may now be subject to regulation. Landowners must also take note of the revised definition of "adjacent wetlands," as it impacts the extent of federal jurisdiction. These key changes highlight the importance of staying informed and understanding the implications for landowners under the revised WOTUS Rule.

How does the revised WOTUS Rule impact landowners?

The revised WOTUS Rule has a significant impact on landowners, as it changes the scope of federal jurisdiction over water bodies on their property. With the new rule, landowners need to be aware of the four categories of water sources that are considered "waters of the United States," which include traditional navigable waters, tributaries, certain ditches, and certain lakes and ponds. This means that landowners may have to obtain permits for activities that could impact these water bodies, such as construction, drainage, or discharges. Additionally, the elimination of certain exemptions and the revised definition of "adjacent wetlands" mean that more water sources may now be subject to regulation. It is crucial for landowners to understand these changes and their obligations under the revised rule to ensure compliance and avoid potential penalties or legal issues.

What steps can landowners take to comply with the revised WOTUS Rule?

To comply with the revised WOTUS Rule, landowners can take several steps. First and foremost, they should familiarize themselves with the specific water bodies that are now considered "waters of the United States" under the new rule. This will help them understand the extent of federal jurisdiction and whether their land or water resources are impacted. Next, landowners should assess any potential activities on their property that may impact these water bodies, such as construction, drainage, or discharges. If these activities are likely to have an impact, landowners may need to obtain permits or follow certain regulations. It is also crucial for landowners to stay informed about any further developments or changes to the rule, as compliance requirements may evolve. By staying educated and proactive, landowners can navigate the revised WOTUS Rule and ensure they are fulfilling their responsibilities while preserving the health of our water resources. Get full update & statements from Waters Advocacy Coalition via the Realtors Land Institute.