Public comment period on new WOTUS supplemental proposal ends Oct. 9

Sept. 29, 2026

By Mary Hightower
University of Arkansas Division of Agriculture

Fast facts

EPA, Army Corps of Engineers seek comments on November 2025 WOTUS proposal
Public comments can be made online
See Rollins’ full breakdown of the case online

(403 words)

FAYETTEVILLE, Ark. — The Environmental Protection Agency and the Army Corps of Engineers are seeking additional public comments on proposed changes to the regulatory definition of the waters of the United States, or WOTUS, section of the Clean Water Act.

EPA and the Corps of Engineers issued a supplemental proposal to seek additional comments on three definitions the two entities have updated from a November 2025 proposal.

The long road to a definition of waters of the United States isn't at an end, says Brigit Rollins, staff attorney for the National Agricultural Law Center.

“This is crucial because only those waters that are considered WOTUS fall under the statute’s permitting authority,” said Brigit Rollins, staff attorney for the National Agricultural Law Center. “However, the term has proven difficult to define, and EPA has struggled to adopt a WOTUS definition that holds up to legal scrutiny.

“Specifically, EPA is requesting comment on whether the phrase ‘relatively permanent’ should be defined as perennial bodies of water that have ‘standing or continuously flowing water every day of the year’ except for an annual dry period that may not exceed 30 consecutive days,” Rollins said.

“The agencies are also looking for feedback on whether only those wetlands that have a ‘continuous surface water connection’ with a ‘relatively permanent’ water should receive WOTUS protection,” she said. “Under the supplemental proposal, wetlands would only have WOTUS status if the surface water connection was present year-round except for a period of temporary interruption not to exceed 30 days.”

“Should this proposal be finalized, it would be the narrowest definition of WOTUS that EPA has enforced since the Clean Water Act was passed in 1972,” Rollins said.

The public comment on the proposal opened on Sept. 9 and will close on Oct. 9.

Members of the public may view the rule and instructions on how to submit a comment on the Federal Register’s website.

Long road to a definition

Defining WOTUS has been a long and winding legal road.

“Most recently, in 2023, the Supreme Court issued a decision in Sackett v. EPA, which limited WOTUS to ‘relatively permanent waters’ and the wetlands that share a surface connection with such waters,” Rollins said. “EPA updated the WOTUS definition later that year to reflect the ruling, and in November 2025 put forth another proposed definition meant to bring WOTUS more in line with the Sackett decision.

“EPA is now asking for comment on supplemental changes to the November 2025 proposal,” she said.

See Rollins’ full breakdown of the case online.

For information about the National Agricultural Law Center, visit nationalaglawcenter.org or follow @Nataglaw on X. The National Agricultural Law Center is also on Facebook and LinkedIn.

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About the National Agricultural Law Center

The National Agricultural Law Center serves as the nation’s leading source of agricultural and food law research and information. The NALC works with producers, state and federal policymakers, Congressional staffers, attorneys, land grant universities, and many others to provide objective, nonpartisan agricultural and food law research and information to the nation’s agricultural community.

The NALC is a unit of the University of Arkansas System Division of Agriculture and works in close partnership with the USDA Agricultural Research Service, National Agricultural Library.

To learn about extension programs in Arkansas, contact your local Cooperative Extension Service agent or visit uaex.uada.edu. Follow us on Facebook and Instagram. To learn more about UADA, visit uada.edu. To learn more about ag and food research in Arkansas, visit the Arkansas Agricultural Experiment Station at aaes.uada.edu.

About UADA

The University of Arkansas Division of Agriculture’s mission is to strengthen agriculture, communities, and families by connecting trusted research to the adoption of best practices. Through the Agricultural Experiment Station and the Cooperative Extension Service, UADA conducts research and extension work within the nation’s historic land grant education system.

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Media Contact: 
Nick Kordsmeier 
nkordsme@uada.edu