After months of gathering feedback from every corner of the country, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers have wrapped up a sweeping series of public listening sessions designed to inform a major revision to how the government defines “waters of the United States” — or WOTUS — under the Clean Water Act.

The WOTUS definition is a deceptively simple term with massive implications. It determines what waters fall under federal jurisdiction, dictating whether landowners, farmers, builders, and industries must obtain federal permits before breaking ground on projects that could affect streams, wetlands, or other water bodies.

The Clean Water Act (CWA) has long aimed to protect the integrity of the nation's waters. But over the years, the precise definition of which “waters” are protected — and which are not — has ping-ponged between presidential administrations, court rulings, and regulatory interpretations.

Farmers, ranchers, homebuilders, and environmental groups alike have expressed deep frustration with the uncertainty. For some, that ambiguity has meant expensive legal and permitting delays for projects involving features as minor as dry ditches or seasonal ponds.

Now, the EPA and Army say they’re preparing to propose a rule that offers something sorely missing in recent years: clarity.

The agencies hosted nine listening sessions — including two high-profile public events in Utah and West Virginia — gathering testimony from a broad range of voices. These included:

• Farmers and ranchers worried about regulatory overreach on private land

• Homebuilders and developers frustrated by unpredictable permit timelines

• State and tribal officials seeking more autonomy under cooperative federalism

• Environmental advocates urging strong protections for critical habitats

• Energy and mining firms calling for clear and consistent federal oversight

“We heard loud and clear that people want a definition of WOTUS that doesn’t shift with every administration,” said EPA Administrator Lee Zeldin. “They want clarity, predictability, and fairness — and that’s what we aim to deliver.”

This regulatory overhaul is, in part, a response to the 2023 U.S. Supreme Court decision in Sackett v. EPA. The ruling limited the scope of federal oversight by narrowing the kinds of wetlands and water features that fall under the Clean Water Act. Critics of the 2023 WOTUS rule — finalized under the Biden Administration — say it failed to align with Sackett and created even more confusion.

Under the leadership of Administrator Zeldin, EPA and the Army issued new interim guidance last year and are now moving toward a full rule revision that will adhere to the Court’s direction.

According to the EPA, a proposed new WOTUS rule will be released in the coming months, with a final rule expected by the end of 2025. Key priorities for the rule include:

• Reducing permitting costs and delays

• Clarifying which water bodies require federal permits

• Enhancing state and local authority under the Clean Water Act

• Recognizing regional hydrological diversity — from prairie potholes to ephemeral washes

Agencies say the final rule will aim to lower the cost of doing business, while still protecting vital water resources from pollution and degradation.

The listening sessions revealed a surprisingly common thread: stakeholders from all backgrounds want a system that works — one that protects water quality without strangling local economies in red tape.

Some farmers expressed frustration over needing permits for basic land use, while homebuilders called for straightforward rules to speed up housing development. Meanwhile, conservationists emphasized the importance of safeguarding sensitive wetlands and headwaters that filter pollutants and provide wildlife habitat.

“The public overwhelmingly wants a rule that makes sense — one that’s rooted in science, law, and local reality,” said Lee Forsgren, Acting Assistant Secretary of the Army for Civil Works.

With mounting pressures from climate change, urban growth, and water scarcity, defining the reach of the Clean Water Act is more critical than ever. This rule could impact everything from flood control projects to drinking water safety, agricultural practices, and infrastructure development.

How “waters of the U.S.” is defined will shape how — and where — America grows.