On November 17, 2025, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers released a proposed revision to the definition of “waters of the United States” (WOTUS). This revision seeks to implement the Supreme Court’s 2023 decision in Sackett v. Environmental Protection Agency, providing long-awaited clarity and regulatory certainty for rural landowners, producers, and agricultural businesses.

According to the EPA, under this proposal, farmers and ranchers should no longer need to hire a lawyer to determine whether a water feature on their property is regulated. The clearer definitions and exclusions allow a typical producer, or a state or local regulator, to reasonably assess jurisdiction without litigation or legal counsel. Industry groups like national cattle and livestock associations publicly praised the proposal, saying it offers sensible, workable definitions and ends years of uncertainty and overreach that threatened routine agricultural activities.

Once published in the Federal Register, the proposal will open a 45-day public comment period and include two hybrid public meetings (in-person and virtual) for stakeholder input.

Why the Proposal Matters

Clear Definitions and Predictable Rules

The rule provides clear definitions for “relatively permanent waters," "tributary," and “continuous surface connection.” According to the proposal, only waters that flow or stand year-round or during the wet season, or wetlands that maintain a surface-water connection to such waters, are considered jurisdictional. Features like interstate waters will no longer be automatically covered just because they cross state lines. These changes aim to help landowners determine whether a pond, ditch, or seasonal wet spot qualifies as WOTUS without needing legal advice.

Strong Protections for Agricultural/Land Use Features

The EPA confirms that traditional farming, ranching, drainage, and irrigation activities, along with maintenance of existing agricultural water infrastructure, remain exempt under Section 404(f) of the Clean Water Act. The proposal clarifies and strengthens long-standing agricultural and land-use exclusions, including:

• Ditches dug in dry land, even if they carry water, are excluded from jurisdiction.
• Prior converted cropland keeps its exclusion status based on the definition used in the 2020 Navigable Waters Protection Rule; cropland only loses exclusion after five years of non-agricultural use and reversion to wetland.
• Groundwater, including tile drains common on farms, is explicitly excluded.
• Waste treatment systems and their infrastructure remain excluded.
• Reduced legal risk and regulatory burden.

Concerns and Pushback

While many in agriculture and land development welcome the changes, some organizations promoting an ideology that conflicts with private property rights argue that narrowing WOTUS could reduce protection for certain wetlands and water resources. Other groups and stakeholders have expressed concern that the “wet-season surface connection” test rule might still classify wetlands or seasonal features that shouldn’t be federally regulated, potentially conflicting with the narrow scope of the Sackett decision. Due to pushback from environmental NGOs and some concerns from private property rights advocates, the EPA is seeking strong public input during the official comment period and the hybrid public meetings.

Comment Period & Public Meetings

Once the proposal is published, stakeholders will have 45 days to submit formal comments or speak at one of EPA’s public meetings. Below are steps producers can take to become involved in the process:

• Evaluate Impacts on Your Operation: The clearer definitions and exclusions might benefit many farms and ranches. They may discover that existing water features and drainage systems are not subject to federal permitting, which lowers compliance costs and reduces uncertainty.
• Plan for Future Projects: Landowners considering expansion, drainage improvements, or infrastructure upgrades should review the draft language carefully to understand which waters remain exempt and how the rule may affect future permitting.
• Engage in the Process: AGPROfessionals encourages producers to submit comments, especially if your operation includes ditches, tile drainage, prior converted cropland, or seasonal wetlands.

Bottom Line for Agriculture

This proposed WOTUS rule marks a significant step toward clarity in regulations, clear definitions, and lower legal risks for agriculture and rural landowners. If adopted as written:

• Routine ditches, drainage systems, tile drains, and farmland conversions will likely be excluded from federal jurisdiction.
• Many producers won’t need a lawyer just to determine whether their land falls under WOTUS.
• States, tribes, and local authorities will have more authority over local water regulation.

This could lead to smoother operations, fewer compliance issues, and more predictability for expansion or upgrades of livestock, feedlot, dairy, or feed-crop operations, especially those managing drainage, irrigation, or pastureland.

At AGPROfessionals, we will continue to monitor the rulemaking process closely. If you need help evaluating how the proposed rule might impact a specific property, project, or regulatory matter, or if you want assistance in drafting comments, we’re ready to help.

Links

The 45 Day Comment Period ends on January 5th, 2026. Submit your comment to the EPA HERE.

EPA Webpage - Public Outreach and Stakeholder Engagement Activities HERE

Learn more about the proposed rule on the EPA website HERE

Article in Dairy Herd Management - Why EPA Says Farmers and Ranchers Won't Need a Lawyer to Understand the Newly Proposed WOTUS Rule HERE

Article in Western Livestock Journal HERE