By Russell Riggs, Director, Environmental and Sustainability Policy for the National Association of REALTORS and RLI's Advocacy Liaison

NAR President Kevin Sears was in attendance at the EPA headquarters as Administrator Lee Zeldin initiated a new effort to redefine waters of the US, or WOTUS, to comply with the US Supreme Court's 2023 ruling in Sackett v. EPA, which lifted Clean Water Act jurisdiction on many wetlands and other water bodies.

"I appreciate EPA extending an invitation for this WOTUS announcement to our association. It shines a light on our consistent and productive working relationship with the EPA, and now with the new Administrator. NAR has long advocated for clear, fair, and lasting definitions of WOTUS that protect both our nation’s waters and the rights of property owners. We appreciate the EPA’s commitment to a simple and durable rule that aligns with the Supreme Court’s Sackett decision. NAR will continue to engage at every step to ensure regulatory clarity for property owners, businesses, and communities nationwide," said Sears.

The Environmental Protection Agency also said wetlands protected under the Clean Water Act are only those that directly abut navigable waterways, according to new guidance on how federal agencies shall respond to Sackett.

The EPA will pursue a "definition that is simple and durable and withstands the test of time," Zeldin said during an announcement in Washington. "This is to simply follow the rule of law."

The agency will hold a series of public "listening sessions" that will "inform any future administrative actions", such as a rulemaking, on the definition of WOTUS, according to a draft Federal Register notice EPA published with the guidance.

Waters and wetlands that have a physically-remote hydrological connection to traditionally navigable waters don't count as WOTUS, the new guidance says. The guidance will be implemented by the EPA and the Army Corps of Engineers, which determines Clean Water Act jurisdiction in most states.

The approach is to issue guidance that is fairly limited and then plan for the rulemaking. The EPA has not identified specifically what the rulemaking is, but the EPA is starting with notice and comment of a possible rulemaking with major changes likely to come in the future.

Read the release from the EPA.