Biden WOTUS Rules: While the new rules are not in place in certain states, they are in many. Regulatory definitions coupled with scientific methods are a challenge to even the most ardent professional.
Why is this so confusing? Waters of the United States/Wetlands (WOTUS) definitions have been evolving since 1972 since navigable waters were defined in the Clean Water Act. Due to litigation and changing environmental needs there have been substantive changes in 1973-1975, 1980, 1985, 1986-1988, 1993, 2001, 2006, 2015, 2019, 2021, and now the 2023 rules implemented on March 20, 2023.
The March 20, 2023, rules focus heavily on the “relatively permanent” and the “significant nexus” standard(s). “Significantly affect” applies to tributaries, adjacent wetlands, and (a)(5) waters and the final rule text specifies that “significantly affect” requires a “material influence” on the chemical, physical, or biological integrity of an (a)(1) water. At GeosUAS in addition to UAS technology we’re hydrologists; we can assist you not only is it a WOTUS, but we can also assist whether it’s potentially subject to Corps/EPA jurisdiction under Section 404 of the Clean Water Act.
See my next post for more information.