Updated Definition of Waters of the United States
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September 2026 Supplemental Notice of Proposed Rulemaking
On September 4, 2026, the U.S. Environmental Protection Agency and the Department of the Army (“the agencies”) announced the signing of a Supplemental Notice of Proposed Rulemaking (SNPRM) to gather input on additional regulatory alternatives they will consider alongside the 2025 Updated Definition of “Waters of the United States” proposed rule. The SNPRM published in the Federal Register on September 9, 2026. The 30-day comment period for the SNPRM closes on October 9, 2026. The purpose of this supplemental proposal is to provide an opportunity for public input on the new regulatory alternatives that the agencies will consider along with the regulatory revisions proposed in 2025 as they develop a final rule to fully implement the Supreme Court’s 2023 decision in Sackett v. EPA.
Additional Materials
November 2025 Notice of Proposed Rulemaking
On November 17, 2025, the agencies announced the signing of a proposed rule to revise the definition of “waters of the United States.” This proposal would implement the Supreme Court's decision in Sackett v. EPA. The agencies intend the proposed rule to play a key role in EPA’s Powering the Great American Comeback initiative by protecting water resources, strengthening cooperative federalism, and supporting American industry, energy producers, the technology sector, farmers, ranchers, developers, businesses, and landowners.
In developing the proposed rule, EPA and the Army reviewed and considered the extensive feedback and recommendations the agencies received from States, Tribes, local governments, and stakeholders throughout consultations and the pre-proposal recommendations docket and listening sessions.
On November 20, 2025, the proposed rule Updated Definition of "Waters of the United States" published in the Federal Register (FR). The 45-day comment period closed on January 5, 2026. Read comments on the proposed rule here.
Additional Materials
- Supporting Materials are available in Docket No. EPA-HQ-OW-2025-0322
- Press Release
- Proposed Rule Fact Sheets
- Frequent Questions
- Proposed Rule Updated Definition of Waters of the United States Overview Presentation (pdf)
- Regulatory Impact Analysis for the Proposed Rule (pdf)
- Public Outreach and Stakeholder Engagement Activities
- Federalism Consultation Report for the Proposed Rule (pdf)
- Tribal Consultation and Engagement Report for the Proposed Rule (pdf)
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Summary of Pre-proposal Listening Sessions (pdf)