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IN THE NEWS
Insight and opinions regarding the regulatory expansion of federal Clean Water Act jurisdiction based on "significant nexus" Houston Builder/Jim Coody, Jan/Feb 2023 Revised Definition of "Waters of the United States" EPA/Army Corps of Engineers, 01/23/2023 Wetlands Professional Services has over 30 years of experience with the different types of wetlands and other "waters of the United States" (WOTUS) that are common throughout the greater Houston area and east Texas. Our goal is to protect the rights and interests of landowners when dealing with complicated regulatory issues related to wetlands and waters of the United States (WOTUS).
Since 2001, there have been three U.S. Supreme Court rulings affecting wetlands that are generally protective of constitutional property rights. As a result, wetlands permit is not required on many tracts of land that may contain only non-jurisdictional isolated wetlands, ephemeral streams and ditches in uplands. We analyze, evaluate and document the regulatory and jurisdictional status of wetlands and WOTUS to help our clients avoid and minimize unnecessary regulatory expenses and delays. We also help landowners manage and maintain their property to re-establish good drainage and reduce potential regulatory encumbrances. |
Regulatory Framework
Our Services Completed Projects We specialize in helping landowners plan, design and manage development projects to avoid impacts to jurisdictional wetlands and thereby avoid triggering a wetlands permit requirement. When is a wetlands permit not required? Isolated Wetlands Agricultural and Forest Land |
Statement on the Recent Navigable Waters Protection Rule
The EPA/Corps announced a new rule on Jan. 23, 2020, Navigable Waters Protection Rule (NWPR) which revises the definition of WOTUS in order to clarify the boundaries of federal jurisdiction under the Clean Water Act in a reasonable and understandable way. The NWPR is not yet final but is expected to become a final rule by mid-2020. When it becomes final, the EPA/Corps would systematically phase-in NWPR through a coordinated and lengthy implementation process.
Certain non-jurisdictional wetlands, ponds, ditches, steams and drainage channels are excluded from regulation under NWPR. Careful analysis and application of regulatory parameters, technical definitions, and procedures that are clearly defined in the NWPR, enables Wetlands Professional Services to accurately determine and document CWA jurisdiction.
Landowners may protect their property rights by investigating potential wetlands issues, maintaining land to restore good drainage, documenting regulatory compliance in accordance with NWPR, and planning future work to avoid and minimize any impacts to jurisdictional wetlands and waters of the United States (WOTUS). When impacts are properly avoided, then there is no regulatory requirement to notify the Corps and apply for a wetlands permit.
Jim Coody, PE
President, Wetlands Professional Services
The EPA/Corps announced a new rule on Jan. 23, 2020, Navigable Waters Protection Rule (NWPR) which revises the definition of WOTUS in order to clarify the boundaries of federal jurisdiction under the Clean Water Act in a reasonable and understandable way. The NWPR is not yet final but is expected to become a final rule by mid-2020. When it becomes final, the EPA/Corps would systematically phase-in NWPR through a coordinated and lengthy implementation process.
Certain non-jurisdictional wetlands, ponds, ditches, steams and drainage channels are excluded from regulation under NWPR. Careful analysis and application of regulatory parameters, technical definitions, and procedures that are clearly defined in the NWPR, enables Wetlands Professional Services to accurately determine and document CWA jurisdiction.
Landowners may protect their property rights by investigating potential wetlands issues, maintaining land to restore good drainage, documenting regulatory compliance in accordance with NWPR, and planning future work to avoid and minimize any impacts to jurisdictional wetlands and waters of the United States (WOTUS). When impacts are properly avoided, then there is no regulatory requirement to notify the Corps and apply for a wetlands permit.
Jim Coody, PE
President, Wetlands Professional Services