EPA Looks to Ditch Roadside Ditches

Administrator Lee Zeldin announced a series of proposed regulatory changes at EPA headquarters in Washington, D.C., Nov. 17.

What’s happening: After decades of uncertainty around potential federal permitting of ditches on project sites, the Trump administration’s Environmental Protection Agency (EPA) moved to provide new clarity Nov. 17, unveiling a proposed rule on Waters of the United States (WOTUS). And unlike past attempts to define or redefine WOTUS, this one has greater potential to stick.

What’s different: As written, the rule largely tracks the definition of WOTUS used by the U.S. Supreme Court in its 2023 Sackett decision, which made clear certain water features – including roadside ditches – are not ‘navigable waters’ and therefore not subject to Clean Water Act permitting. ARTBA and allies across several industries filed an amicus brief supporting this commonsense application.

If enacted, the proposed rule’s legal outlook seems positive. Unlike past WOTUS rules that relied on broad and conflicting agency interpretations, this one is based on a definitive Supreme Court ruling, rather than politically driven policies and definitions. Should groups opposed challenge the rule, the Court is unlikely to overturn its own principles.

Why do we care: On transportation projects, roadside ditches are essential for moving stormwater away from roadways and ensuring motorist safety. They aren’t navigable waters and, in most cases, don’t connect to one. They shouldn’t be subject to lengthy permitting requirements—especially ones that carry criminal penalties for noncompliance.

What it means in the real world: After attending the EPA announcement, ARTBA’s CEO Dave Bauer issued a statement noting “projects that keep Americans safe and get them out of traffic will face one less bureaucratic hurdle.”

What’s next: The public has until Jan. 5, 2026, to file comments. A member work group meets Dec. 4, 1-2 p.m. EST to collect industry feedback.

ARTBA’s member-only fact sheet is available here.

Prianka Sharma is the contact.