By Drew Viguet
National Agricultural Law Center
U of A System Division of Agriculture
March 21, 2025
Fast facts:
- New NALC resource compiles state wetlands regulations
- Compilation is available at no cost online
FAYETTEVILLE, Ark. — The National Agricultural Law Center has a new resource that can help users navigate the specifics of wetlands permitting regulations at the federal and state levels by putting it all in one place.
The federal Clean Water Act is familiar to many for its permitting programs that work to regulate U.S. water pollution, but less familiar are the state laws that establish wetlands permitting programs.
“States may have their own laws aimed at regulating water pollution at the state level,” said Brigit Rollins, a staff attorney at the National Agricultural Law Center, or NALC. “When it comes to state-specific laws that go beyond the what the federal act requires, regulations vary widely.”
The new resource from NALC compiles all of these regulations into one location and chart, identifying whether each state has laws and regulations establishing a wetland permitting program and linking to the applicable regulations. The resource was compiled by Rollins, who specializes in environmental law as it intersects with agriculture, and NALC Research Fellow William Gaspard.
Good timing
The Clean Water Act has evolved throughout the years, and Rollins said the resource comes at a significant time.
“Following the Supreme Court’s decision in Sackett v. EPA, which narrowed the Clean Water Act’s permitting jurisdiction over wetlands, it is important for the regulated community to be aware of what is required in their state,” Rollins said. “While a federal permit may no longer be required for their operations, a state permit still could be.”
The ruling in Sackett significantly narrowed the Clean Water Act, and specifically the definition of WOTUS, or waters of the United States.
“Following the Sackett ruling, the EPA changed its definition of WOTUS, which was a huge shift — it changed how many bodies of water that were previously designated as WOTUS can be used,” said Rollins.
The resource, titled “States’ Wetlands Permitting Statutes,” is one of the NALC’s many state compilation resources. It is available at nationalaglawcenter.org/state-compilations/wetlands-permitting.
“Some states have no separate state permitting system for wetlands, while others have complex requirements,” said Rollins. “Colorado, for instance, has passed new wetlands permitting requirements, and it’s possible that more states will do the same in the coming years in response to the Supreme Court’s ruling.”
Due to regulations and policies evolving, the resource will be regularly updated.
For a full list of NALC State Compilations, visit nationalaglawcenter.org/state-compilations.
Upcoming WOTUS conference opportunity
At the third annual Western Water, Agricultural, and Environmental Law Conference, Tess Dunham, partner at Kahn, Soares and Conway, will discuss the legal and regulatory landscape following the Sackett ruling during her session, “WOTUS & Water Quality in the West in a Post-Sackett World.”
To read the full news release, click here.