Federal proposal would regulate only streams and wetlands with water all year; comments close October 9
A supplemental federal proposal would narrow which waters need Army Corps permits in New Jersey, New York, Connecticut and Pennsylvania to those holding water every day in ordinary conditions; current rules apply meanwhile.
On September 9, 2026, the U.S. Environmental Protection Agency (“EPA”) and the Department of the Army published a federal supplemental proposal to narrow the definition of “waters of the United States” (“WOTUS”) under the Clean Water Act, Updated Definition of “Waters of the United States,” 91 Fed. Reg. 57284 (Sept. 9, 2026), Docket No. EPA-HQ-OW-2025-0322. The supplemental proposal is not in force. It adds an option to the agencies’ November 20, 2025 proposal, 90 Fed. Reg. 52498, under which only waters holding water every day of the year in ordinary conditions would count as “relatively permanent.” Comments must be received on or before October 9, 2026.
91 Fed. Reg. 57284 (Sept. 9, 2026); Docket No. EPA-HQ-OW-2025-0322