26 April 2021 - Navigable Waters Protection Rule now effective in all 50 states and in all U.S. territories

USACE Regulatory
Published April 26, 2021

The Environmental Protection Agency and the Department of the Army’s Navigable Waters Protection Rule (NWPR): Definition of “Waters of the United States” became effective in the state of Colorado on April 26, 2021, and the NWPR is now effective all 50 states and all US territories. The NWPR establishes the scope of federal regulatory authority under the Clean Water Act.  The NWPR includes four simple categories of jurisdictional waters and provides specific exclusions for many water features that traditionally have not been regulated. The Federal Register notice is available at https://www.federalregister.gov/documents/2020/04/21/2020-02500/the-navigable-waters-protection-rule-definition-of-waters-of-the-united-states.  Additional information about the rule can be found on the EPA’s website at https://www.epa.gov/nwpr.