Waters of the United States (WOTUS)

WOTUS refers to the legal definition of water bodies that are regulated under the Clean Water Act. These include rivers, lakes, streams, wetlands, and other significant bodies of water that affect the health and quality of navigable waters in the U.S. The scope of WOTUS has been subject to interpretation and debate, impacting environmental regulations and land use planning.

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Information about WOTUS

Jurisdiction

WOTUS determines the extent of federal jurisdiction under the Clean Water Act (CWA). Understanding which water bodies are classified under WOTUS is crucial for compliance, as it dictates whether a project requires federal permits for discharges or alterations.

Permitting

Projects involving land development, agriculture, or industrial activities may require Section 404 permits from the U.S. Army Corps of Engineers if they impact WOTUS-defined waters. This can affect timelines, costs, and project feasibility.

Changes

The definition of WOTUS has been subject to frequent legal challenges and policy changes, particularly under different administrations. Staying informed about the current definition and any proposed changes is critical for ongoing compliance and planning.

Compliance

While WOTUS sets federal standards, individual states may have their own regulations that either align with or exceed federal requirements. Industry professionals must navigate both federal and state regulations to ensure comprehensive compliance.