WOTUS Update: New Water Regulations for Farmers and Rural Landowners
Does the new WOTUS definition mean less red tape for landowners?
The Environmental Protection Agency (EPA) and the Army Corps of Engineers are once again changing the rules about what counts as Waters of the United States (WOTUS) under the Clean Water Act. This is the fourth time in ten years they’ve tried to update this rule.
These changes matter because they affect what land and water is covered by federal regulations. A more limited definition could mean less red tape for farmers—for example, you might not need a federal permit to plow your fields or spray pesticides near certain streams or wetlands if those waters are no longer considered federally protected.
In this article, we will break down the new WOTUS rule and help you understand which waters are protected.
How Sackett v. EPA Changed Water Regulations
For years, there’s been confusion and legal battles over what kinds of water the federal government can regulate under the Clean Water Act. This includes big court cases like Rapanos v. United States and the 2012 Sackett v. EPA, which forced the EPA to keep changing the rules.
The most recent change comes after a major Supreme Court decision in May 2023 which narrowed the definition of what counts as protected water. The court threw out the old “significant nexus” test and instead said wetlands must have a clear surface connection to a larger body of water to be federally regulated.
This decision could make life easier for farmers. Groups like the American Farm Bureau say it gives clearer rules and reduces the need for permits when working near streams or wetlands. On the other hand, environmental groups are concerned it will weaken protections for water and could lead to more pollution.[1]
What Is the New WOTUS Definition?
For years, many farmers and rural landowners have asked for clarity on WOTUS definitions.
“I’m a farmer, and I need a rule that’s on one page that’s sitting on the dash of my truck.That’s what the goal should be. It should be that simple.”
Zippy Duvall, President of the American Farm Bureau Federation
According to the memorandum released by EPA, WOTUS will include “only those adjacent wetlands that have a continuous surface connection because they directly abut [a jurisdictional water] (e.g. they are not separated by uplands, a berm dike, or similar feature).”
This new definition was intended to provide more clarity, but many farmers have pointed out it still leaves a lot of gray area. Due to this, the EPA and Corps have stated that some waters will need to be evaluated on a “case-by-case” basis.
| Examples of Regulations Under the New WOTUS Definition | |
| Likely Not Federally Regulated | Will Likely Need Case-By-Case Evaluation |
| – A seasonal pond in the middle of a field that fills with rainwater but doesn’t drain into a nearby creek. – A marsh on one side of a farm road, with no ditch or pipe connecting it to the stream on the other side. – A dry gully that only runs during heavy storms and dries up quickly. – A grass-lined drainage ditch along a pasture with no outlet to a creek. – A low-lying patch of land that floods in the spring but dries out and has no surface connection to nearby waters. | – A stream that usually flows year-round but dries up during a summer drought. – A wetland that normally connects to a stream but is currently cut off by a natural or man-made blockage. – A salt marsh that’s clearly connected to a bay or estuary during high tide but appears disconnected during low tide. – A stream that normally flows into a larger river, but sediment buildup or vegetation is currently blocking the visible connection. |
How Are Water Regulations Being Policed?
On March 12, 2025, the EPA and Army Corps of Engineers gave new instructions to their staff on how to follow the Supreme Court’s Sackett decision when deciding what counts as a WOTUS. Only wetlands that are clearly connected to a larger body of water—like a stream, lake, or river—will be policed.
The EPA is also asking for feedback from farmers, landowners, and others affected by these rules. They want help defining terms like “relatively permanent waters,” “continuous surface connection,” and “jurisdictional ditches.”
Public listening sessions will be held in April and May this year.
Get the Latest on WOTUS and More
The next round of rulemaking and public input will play a big role in shaping what the final WOTUS rules look like and how they’ll affect farmers, landowners, and the environment in the long run.
But based on past experience, this new version of the rule could end up in court again — continuing the back-and-forth we’ve seen for years with WOTUS regulations. Stay informed on WOTUS and other regulations that affect your land by visiting our trade and legislation page or signing up for our newsletter.
