Find out how these changes may impact your site and how our environmental specialists can help. Below is a list of waters of the US that have been updated according to the ruling.
Interstate Waters – Removing interstate wetlands from the text of the interstate waters provision
Tributaries – Removing the Significant nexus standard
Adjacent Wetlands – Removing the Significant nexus standard
Additional Waters – Removing the significant nexus standard; removing wetlands and streams from the text of the provision. The “relatively permanent standard” now applies. According to the Clean Waters Act Relatively Permanent means standing or continuously flowing waters connected to waters.
Adjacent – Revised definition to mean “having a continuous surface connection.” Waters of the United States would substantially impinge upon States’ responsibilities and rights under section 401 of the Clean Water Act. Through 401, States have the authority to grant, deny, or wave certification of proposed Federal licenses or permits that may discharge into waters of the United States. Tribes and States retain authority to implement their own programs to protect the waters in their jurisdiction more broadly and more stringently then Federal Government.
No Changes
– Traditional Navigable Waters – No Change
– Territorial Seas – No Change
– Impoundments – No Change
– Wetlands – No change
– High tide line – No changes
– Ordinary Hight water mark – No changes
– Tidal waters – No Changes
Here’s how we can assist you:
Our environmental specialists are ready to navigate you through this complex process by conducting field delineations to determine if wetlands are present on site and submitting these to the state for a jurisdictional determination if they are outside of the “Adjacent” definition for federal regulation. If you have any questions regarding this information, contact our team today!