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On December 11, 2018, the EPA and Department of the Army signed a proposed rule revising the definition of "waters of the United States" (WOTUS) to clarify federal authority under the Clean Water Act in a clear and understandable way. The agencies’ proposal is the second step in a two-step process to review and revise the definition of “waters of the United States” consistent with the February 2017 Presidential Executive Order entitled “Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the ‘Waters of the United States’ Rule.” The proposed definition would replace the approach in the 2015 Rule and the pre-2015 regulations.
NAR believes this proposed WOTUS replacement rule will bring certainty and consistency to the permitting and development process, while protecting water quality and property rights. There will be a sixty-day comment period for the public to provide their perspectives on this proposed rule. NAR will provide more info on the rule and develop extensive comments. More information is included in the link below.