New Wotus Proposal Could Reduce Red Tape for Farmers and Ranchers By: Tyne Morgan & Kerry Halladay, Dairy Herd Managment
F
armers and ranchers could soon face fewer regulatory hurdles when working near waterways, as EPA and the Army Corps of Engineers released a new proposal on Nov. 17 to redefine “Waters of the United States” (WOTUS). The agencies say the proposed rule is designed to bring long-requested clarity to what features fall under federal jurisdiction potentially reducing permitting uncertainty for agriculture, landowners and rural businesses. The proposed rule can be found on the Federal Register. The public can submit comments online there or via Regulations.gov on or before Jan. 5, 2026. During the announcement event on Nov. 17, EPA Administrator Lee Zeldin urged the public to submit comments.
The definition of WOTUS determines when producers must secure permits for projects that could affect surface water quality, including common activities such as building terraces, installing drainage or expanding livestock operations. EPA officials say the new proposal aims to align fully with the Supreme Court’s Sackett decision and prevent farmers from needing lawyers or consultants simply to determine whether a water feature on their land is federally regulated. The proposal follows Zeldin’s promise in March to launch the biggest deregulatory action in history and a series of listening sessions in April and May that asked states, tribes, industry and agriculture to weigh in on WOTUS needs. Clearer Definition After Years of Confusion Zeldin and Assistant Secretary of the Army for Civil Works Adam Telle
emphasize the rule is designed to be clear, durable and commonsense. Key elements include: Defined terms such as relatively permanent, continuous surface connection, and tributary to outline which waters qualify under the Clean Water Act. A requirement that jurisdictional tributaries must have predictable, consistent flow to traditional navigable waters. Wetlands protections are limited to wetlands that physically touch and are indistinguishable from regulated waters for a consistent duration each year. Reaffirmed exclusions important to agriculture, including prior converted cropland, certain ditches and waste treatment systems. A new exclusion for
groundwater. Locally-familiar terminology, such as “wet season,” to help determine whether water features meet regulatory thresholds. EPA says these changes are intended to reduce uncertainty that has stemmed from years of shifting definitions across administrations. Impact of WOTUS Proposal on Agriculture For producers, the proposal could simplify compliance by narrowing which water features fall under federal oversight and confirming exclusions that many farm groups have long advocated. Zeldin says the aim is “protecting the nation’s See 'New Wotus ' Page 4