The US Environmental Protection Agency (EPA) released updated definitions for what constitutes Waters of the United States (WOTUS) on November 17th, 2025. The comment period on the proposed definition change ends January 5th, 2026.
Updated language reduces the scope of federal jurisdiction over Clean Water Act permitting by defining terms like “relatively permanent,” “continuous surface connection,” and “tributary” to reduce protections for seasonal or intermittent waterways. Up to 80% of wetlands in the US or 73.5 million acres could lose protected status under the new definition. According to the National Aquarium, more than “700 species in the northeastern United States … rely on these temporary habitats.” Removing protections from waterways such as these would open the door for pollution into those tributaries which do indeed eventually connect with the rest of the world’s water.
Gunpowder RIVERKEEPER® has grave concerns about the new WOTUS definition because it would no longer protect these waterbodies under the Clean Water Act:
- Groundwater, given the amount of seep and spring complexes in the Gunpowder watershed
- Interstate waterways, given that the Gunpowder River is formed by tributaries in York and Adams Counties in Pennsylvania
- Obstructed waterways given that Gunpowder River is obstructed by both the Pretty Boy and Loch Raven Reservoir dams. Upstream tributaries would no longer be protected.
- Streams with no banks or beds which would include streams diverted underground or through man-made channels.
- Isolated wetlands: Our territory includes 1,192 acres of isolated wetlands.
From the EPA’s press release:
“The agency’s proposed definition of WOTUS would fully implement the [Supreme] court’s direction [from Sackett v. Environmental Protection Agency] by focusing on relatively permanent, standing or continuously flowing bodies of water—such as streams, oceans, rivers, and lakes—and wetlands that are connected and indistinguishable from such waterbodies. It will accelerate economic prosperity by revising, for example, exclusions for certain ditches, prior converted cropland, and waste treatment systems and by adding an exclusion for groundwater. The proposal also takes into account seasonal and geographic variability by including waters that flow uninterrupted throughout the wetter months in the proposed definition of “relatively permanent” waters, based on pre-proposal feedback.”
The proposed rule was published in the Federal Register: https://www.federalregister.gov/documents/2025/11/20/2025-20402/updated-definition-of-waters-of-the-united-states which started a 45-day public comment period. EPA and the Army will host two hybrid public meetings and one virtual-only public meeting. Use the links below to register to attend a virtual meeting via zoom:
- December 12, 2025: Bismarck, North Dakota (9:30-11 a.m. CT and 11:30 a.m.-1:00 p.m. CT) – Register Now
- December 15, 2025: Pittsburgh, Pennsylvania (12-2 p.m. ET and 2:30-4 p.m. ET) – Register Now
- December 16, 2025: Virtual (12:30-2 p.m. ET and 2:30-4 p.m. ET) – Register Now
If you can’t attend a meeting and would still like to comment on the proposed definition change, use this link to submit your written comment.
Here are some suggestions on how to send an effective comment:
- Make it personal – While we have provided a form below, please personalize your comment so that it will be counted as a unique contribution to the discussion.
- Share your relevant demographics- constituency, geographic, impacts, etc.
- Why does clean water matter to you? Use your comments to add a personal face to this national problem. The more ways people use water the better
- If making a connection to waters in your state/state impacts, use NRDC map and report to pull out examples: https://www.nrdc.org/resources/mapping-destruction
- If there are any flooding, pollution, development issues (For instance: property got developed and now there are no birds)
- If you have a farm, get water from wells for irrigation, drinking water, etc.
- Any info on or connection to impacts such as…flooding is worse in recent years, streams that used to flow all the time are now dry, etc.
- Make a clear ask
- Use or add to the template below to structure your comment, then copy and paste it into the online comment form.
December/January XX, 2025
Submission via www.regulations.gov
Lee Zeldin
Administrator
Environmental Protection Agency
EPA Docket Center, Water Docket, Mail Code 28221T,
1200 Pennsylvania Avenue NW,
Washington, DC 20460
Adam Telle
Assistant Secretary of the Army (Civil Works)
Department of the Army
Re: Updated Definition of “Waters of the United States” EPA–HQ–OW–2025–0322
Dear Administrator Zeldin and Assistant Secretary Telle:
On behalf of [INSERT GROUP NAME/CONSTITUENTS], I urge the EPA to reconsider its update to the definition of the “Waters of the United States” rule to retain protections for our waterways and wetlands as opposed to eliminating them.
Robust clean water protections are critical to prevent industrial polluters from bending the rules and threatening the health and safety of people and wildlife. After recent federal rollbacks, a strong definition of the “Waters of the United States” rule is even more essential for protecting wetlands and waterways. Not only that, protections are incredibly popular across the country and here in [STATE NAME].
[WHERE POSSIBLE PROVIDE AN EXAMPLE OF A WATERWAY OR WETLAND THAT MAY BE PLACED AT RISK DUE TO THIS PROPOSED RULE]Unfortunately, the EPA’s proposed rule favors polluters and fails to listen to Americans who are demanding strong water protections. The proposed rule fails to meet the needs and protections of communities, ecosystems and waterways across the United States and here in [STATE NAME].
Sincerely,
[SIGNER’S NAME]This map from the Natural Resources Defense Council tool shows how wetland protections could change under the proposed definition of WOTUS
P.S. This is a pivotal moment for our waterways. Please forward this alert to friends and family who care about clean water and healthy communities. The deadline for comments is January 5, 2026.