CNCounty News

Final WOTUS rule comes up short

Author

Image of Charlie_Ban-Crop.jpg

Charlie Ban

County News Digital Editor & Senior Writer

Upcoming Events

Conference

NACo AI West Regional Forum

Related News

County News

Milwaukee County showcases beach renovation

County News

Counties grapple with data center boom

Image of drainage-ditch-stock (1).png

T he Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) an nounced their final Clean Water Rule: Definition of Waters of the United States (WOTUS) rule, which would increase the number of streams and wetlands that are protected under the Clean Water Act (CWA). The rule, announced May 27, will take effect in 60 days after its publication in the Federal Register .

In a statement released the same day, NACo Executive Director Matt Chase said the rule falls short of adding clarity to protecting the nation's waters and adds costs with few benefits.

"While we appreciate the agencies' recent efforts, the flawed consultation process has resulted in a final rule that does not move us closer to achieving clean water goals and creates more confusion than clarity," Chase said.

"Counties support common-sense environmental protection, but the final rule expands federal over sight and will create costly delays in critical work without any proven environmental benefit."

NACo is undertaking an exten sive analysis of the rule's impact on counties.

Following are initial highlights.

There are eight categories of waters that fall under federal ju risdiction traditional navigable waters, interstate waters, territorial seas, impoundments (i.e. dams), tributaries, adjacent waters and specific regional features/100-year floodplain/4,000 feet from WO TUS with a significant nexus.

The first four categories are essentially unchanged from cur rent rule traditional navigable, interstate, territorial seas and im poundments

Ditches and channels are classified as tributaries. However, the final rule contains exemptions for certain types of ditches. NACo is assessing whether the language is helpful for counties

Prairie potholes, Carolina bays and Delmarva bays, pocosins, western vernal pools and Texas coastal prairie wetlands may be jurisdictional

All waters located within a 100-year floodplain and all waters within 4,000 feet of the high-tide line or ordinary high water mark may trigger the significant nexus determination and be subject to WOTUS regulation.

Storm water systems and wastewater recycling structures are exempt if they are built on "dry land." However, it's less certain whether storm water systems that have a portion of the system built in floodplains or adjacent to a WOTUS, are exempt.

Attachments

Related News

Large Urban County Caucus (LUCC) members and NACo staff tour South Shore Park’s new beach Oct. 8. It opened to the public in August in Milwaukee County, Wis. Photo by Front Room Studios
County News

Milwaukee County showcases beach renovation

MIlwaukee County, Wis. dramatically improved the poor water quality that was affecting South Shore Park's reputation. 

Sunset landscape of the marshes of south San Francisco bay, Sunnyvale, California
Advocacy

House and Senate committees advance reauthorization legislation for NOAA’s Digital Coast program

On September 17, the U.S. House Natural Resources Committee unanimously passed the bipartisan Digital Coast Reauthorization Act, which would reauthorize the Digital Coast program through 2030.

El Paso County, Texas Commissioner Jackie Butler asks a question Oct. 9, during a presentation on data centers at the LUCC Symposium in Milwaukee County, Wis. Photo by Meredith Moran
County News

Counties grapple with data center boom

Data centers' drain on electricity and water and residents’ complaints of noise and rising utility bills aer reaching county leaders as those developments spread across the country.