Associated Builders and Contractors is supporting a new federal effort to clarify which waterways and wetlands fall under federal jurisdiction through the Clean Water Act.
The U.S. Environmental Protection Agency and the Department of the Army issued a supplemental proposed rule Sept. 4 seeking public input on additional approaches for defining "waters of the United States," commonly referred to as WOTUS.
The proposal builds on a broader rulemaking effort initiated in 2025 and addresses how federal agencies should determine which water features are subject to Clean Water Act requirements.
The supplemental proposal seeks feedback on several terms that could affect how jurisdictional waters are identified, including "perennial," "relatively permanent" and "continuous surface connection."
Federal agencies are also considering removing the "wet season" concept included in the original proposal.
One alternative under consideration would limit relatively permanent waters primarily to perennial bodies of water, while allowing certain exceptions for temporary interruptions.
Another approach would define a continuous surface connection based on perennial surface water linking a wetland to a jurisdictional water.
The proposed definitions could influence how developers, contractors and other project stakeholders determine whether construction activities involving waterways or wetlands require federal regulatory oversight.
ABC has consistently called for a WOTUS definition that provides greater regulatory certainty while preserving important water quality protections.
The organization said it supports the agencies' continued work on the supplemental proposal and intends to participate in the public comment process.
The Oct. 9 deadline gives contractors, developers and other affected stakeholders an opportunity to review the alternatives and provide feedback on potential changes to federal jurisdiction.
For construction projects, clarity around water regulations can affect planning, permitting, site development and project schedules. Uncertainty over whether a feature falls under federal jurisdiction can create additional compliance and planning considerations during project development.
The WOTUS debate has significant implications for construction and development because federal jurisdiction can determine whether certain activities require permits or additional environmental review.
A clearer framework could help project teams evaluate regulatory requirements earlier in the development process. At the same time, the final approach will determine how water quality protections are applied to wetlands and waterways across the country.
ABC's participation in the rulemaking reflects the construction industry's continued interest in establishing regulatory requirements that are clear and workable for businesses.
The federal government's latest WOTUS proposal could influence how construction projects address waterways and wetlands during planning and permitting.
As agencies consider definitions for perennial waters, relatively permanent waters and continuous surface connections, contractors and developers will have an opportunity to weigh in before the public comment period closes.
The outcome could shape the regulatory environment for infrastructure, commercial development and other construction activity involving water resources.
Source: ABC.
