Updated Definition of “Waters of the United States”
- Published
- Sep 9, 2026
- Comments close
- Oct 9, 2026
- Citation
- 91 FR 57284
- Docket
- EPA-HQ-OW-2025-0322, FRL 11132.1-04-OW
- Agencies
- DEPARTMENT OF DEFENSE, Department of the Army, Corps of Engineers, ENVIRONMENTAL PROTECTION AGENCY
Supplemental notice of proposed rulemaking.
Summary
The supplemental notice of proposed rulemaking updates the definition of “waters of the United States” under the Clean Water Act. Prompted by the Supreme Court’s 2023 Sackett decision, the agencies aim to clarify which streams, wetlands, and other water bodies fall under federal jurisdiction, thereby giving developers, landowners, and regulators clearer guidance and reducing uncertainty about permitting requirements. The notice is being issued jointly by the U.S. Environmental Protection Agency and the Department of the Army (the Army’s Corps of Engineers). It revisits the November 20, 2025 proposal and invites additional public input on specific regulatory options that were not fully addressed in the original draft. The rule would affect anyone whose activities involve the discharge of pollutants or alterations to waters that might be deemed federally covered—this includes construction firms, agricultural operations, municipalities, and environmental groups. Comments must be submitted by October 9, 2026. After the comment period closes, the agencies will review the feedback, finalize the definition, and publish a final rule that will specify the exact scope of protected waters and the date it becomes enforceable. The final rule is expected to be issued sometime in 2027, at which point the clarified definition will guide permitting decisions and compliance efforts nationwide.
AI-generated summary — verify against the Federal Register text.
Official abstract
The purpose of this supplemental notice of proposed rulemaking is for the U.S. Environmental Protection Agency (EPA) and the Department of the Army ("the agencies") to supplement and seek additional comment on certain aspects of an earlier proposal, published on November 20, 2025, to revise the regulations defining the scope of waters federally covered under the Clean Water Act in light of the U.S. Supreme Court's 2023 decision in Sackett v. Environmental Protection Agency. As stated in the agencies' November 20, 2025 Notice of Proposed Rulemaking (NPRM), the agencies intend for this rulemaking to provide greater regulatory certainty and increase Clean Water Act program predictability and consistency by clarifying the definition of "waters of the United States." After consideration of the public comments received on the NPRM, the agencies are issuing this notice to supplement the NPRM with additional regulatory options on certain aspects of the proposed rule.
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