The EPA came out with a proposed rule this week that would clarify and extend their regulatory jurisdiction under the Clean Water Act (CWA). The proposed rule redefines what constitutes as “waters of the US” (WOTUS) and gives more clearly defined limits on what the EPA can regulate as a US waterway. The proposal is based off of a scientific report on waterway connectivity that was released last year.
There are 53 NRCS conservation practices that would be exempt from 404 permitting under the rule, 32 of which are forestry-related. Only 7 forestry conservation practices would not be exempt from permitting. For more information of the proposed rule, visit https://www.epa.gov/cwa-404/policy-and-guidance.