According to the agencies’ own regulatory analysis, later reported by E&E News, only 19% of mapped wetlands in the contiguous United States would remain federally protected under the draft rule. Entire regions — particularly the arid West and Southwest — could see federal wetland permitting authority under CWA Section 404 effectively eliminated. 

About half of all states rely solely on the federal definition of WOTUS for wetland regulation, meaning many wetlands could lose any regulatory oversight at all. GIS analysis by NRDC released earlier this year found that between 38 million and 70 million acres of wetlands are at risk under modeled scenarios similar to the changes now being proposed. 

The proposed rule is open for public comment through January 5, 2026. 

What the Proposal Attempts to Do

This new proposal is the agencies’ latest attempt to interpret Sackett, which held that wetlands are federally protected only when they have a “continuous surface connection to a relatively permanent traditional navigable water” such that they are “indistinguishable” from that water. The draft rule tries to refine key terms — particularly relatively permanent, continuous surface connection, and how to treat intermittent and ephemeral streams.

Among the major shifts:

• A new “wet season” concept, which many experts say is poorly defined and unworkable across the nation’s diverse hydrologic regions.
• Consideration of an alternative framework that would remove intermittent and ephemeral streams from the WOTUS definition altogether—leaving only perennial streams and wetlands with continuous flow covered.
• A narrowing of what types of physical connections (e.g., culverts, berms, swales) count toward jurisdiction.
• Large-scale reduction in federal jurisdiction, with particularly steep declines in the West and in states without their own wetland protection laws.

ASFPM and the National Association of Wetland Managers (NAWM) submitted detailed recommendations in April during the agencies’ earlier request for input. Their letter offers science-based solutions on defining “relatively permanent,” clarifying “continuous surface connection,” and improving tools used by field staff.

Why Floodplain Managers Are Concerned

ASFPM has long emphasized that wetlands are foundational to natural floodplain functions. Wetlands store and slow floodwaters, filter pollutants, support habitat, and contribute to groundwater recharge. As federal jurisdiction contracts, development pressure will increase—particularly in states that rely solely on the federal program for wetland protection.

With fewer wetlands falling under Section 404 permitting, floodplain managers could face:

• More fill and development activity in areas that naturally store water
• Greater uncertainty when local decisions must compensate for shrinking federal oversight
• Increased flood risk to communities already struggling with repetitive losses
• Growing responsibility for states, tribes, and local governments to regulate wetlands independently

The proposed rule is likely to be heavily litigated, regardless of its final form. But the near-term implications are clear: a substantial reduction in federal wetland protection. ASFPM encourages members to submit comments by the Jan. 5 deadline. The proposed rule and supplemental material and the portal for comments can be found at FederalRegister.gov with identifier Docket ID No. EPA-HQ-OW-2025-0322. The EPA will also hold three public meetings —both in-person and virtual — on Dec. 10, 15, and 16 to gather input.

The post Major Rollback to Federal Wetlands Protections Proposed first appeared on Association of State Floodplain Managers.

Key recommendations include strong support for the formal authorization of the Silver Jackets program, which has proven effective in flood risk management through collaboration. Additionally, ASFPM endorses a report to Congress on levee safety guidelines, as outlined in Senate Section 228, and supports clarifications to floodplain management plans found in House Section 128. However, we oppose elevating water supply as a primary mission for the U.S. Army Corps of Engineers, as proposed in House Section 121, due to concerns over capacity and potential environmental impacts.

For more details, please read the full letter here.

The post ASFPM Submits Letter on WRDA Reauthorization first appeared on Association of State Floodplain Managers.

One of the main comments was the recommendation that “any new guidance for the updated PL 84-99 program should make clear that prior to immediately starting to repair or rehabilitate damaged structures as originally built, the Corps should compile and consider the history of damages and repairs to the damaged structures, and to identify what potential options may be appropriate for serious consideration, especially in light of changing climate patterns, upstream and nearby land development and impacts on runoff patterns, and potential changes in sea levels, and storm intensities and frequencies. The Corps of Engineers should exercise much more advance initiative in working with levee and shore protection project sponsors, affected States, communities, and others in helping formulate appropriate alternatives for post-disaster response and rehabilitation.”

Download the comments.  

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