Comments on Revised Definition of WOTUS

ARTBA submitted detailed comments to the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers on the proposed updated definition of “Waters of the United States” (WOTUS), supporting the agencies’ effort to align Clean Water Act jurisdiction with the Supreme Court’s Sackett decision. ARTBA emphasized the need for clear, durable exclusions for roadside ditches and engineered stormwater features, guardrails to prevent transportation drainage systems from being treated as tributaries, and practical guidance to ensure consistent application across Corps districts. The comments also urged the agencies to clarify that the burden of establishing jurisdiction rests with the federal government, helping restore predictability and reduce unnecessary permitting delays for transportation projects.

Read the full comments here.