Big changes may be coming to federal wetlands regulations after the Trump Administration rescinded the Obama-era Clean Water Rule.
A Trump executive order includes a paragraph that could trigger sweeping changes in the way wetlands will be regulated at the federal level, a California attorney told GlobeSt. Federal agencies are supposed to now interpret the phrase “navigable waters” consistent with the dictionary definition that are “relatively permanent, standing, or continuously flowing bodies of water.”
Compared to prior iterations of the wetland regulations, this view reflects a significant restraint on federal wetlands permitting authority. The new interpretation is likely to lead to more litigation over what constitutes “wetlands” in the federal regulatory scheme.
Even if the Trump Administration successfully redefines the scope of federal wetlands permitting authority, it’s likely that some states would move to reinstate tougher wetlands regulations. California, for instance, would be expected to implement new wetland regulations will create a permitting mechanism very similar to the previous federal regime.
Related Stories
Codes and Standards | Aug 29, 2019
Code-conforming wood design guide available
The guide summarizes provisions for the use of wood and wood products in the 2018 IBC.
Codes and Standards | Aug 29, 2019
LEED residential market up 19% since 2017
The U.S. Green Building Council says that the LEED residential market has grown 19% since 2017. Nearly 500,000 single family, multifamily, and affordable housing units have been certified globally.
Codes and Standards | Aug 27, 2019
Slower speed limits in urban areas offer multiple benefits
Improved safety, better adoption of electric scooters and autonomous vehicles are possible if drivers ease off the accelerator.
Codes and Standards | Aug 27, 2019
Renewables creating significant savings for commercial and public facilities
Payback ranges from five to 15 years.
Codes and Standards | Aug 27, 2019
Oregon rescinds tsunami-zone construction ban
Other states have no ban, but have strengthened building codes for tidal wave resilience.
Urban Planning | Aug 27, 2019
Pop-up parks revitalize empty lots
Pop-up parks that provide instant open areas for public use and programming can revitalize under-utilized spaces and add vibrancy to neighborhoods.
Codes and Standards | Aug 22, 2019
Texas flood prevention initiative would create nation’s most ambitious barrier system
Plan including sand dunes and mechanical barriers would cost as much as $32 billion.
Codes and Standards | Aug 22, 2019
Multimedia app identifies construction hazards
Researchers say program will reduce injuries, save lives.
Codes and Standards | Aug 22, 2019
Cities take action to keep cool as climate heats up
Initiatives include cool streets, cool roofs, and broader urban tree canopy.
Codes and Standards | Aug 22, 2019
5G expected to give a boost to construction technology
Virtual reality, Internet of Things, robotics, and drones will all benefit from enhanced data flows.