10/26/2026
If you're a landowner that has a seasonal creek on your farm / property, a low-lying field that holds water after rain, or a wetland that doesn’t connect directly to a larger waterway, the federal rules about who protects that land have changed significantly in the last decade, and they may be about to change again.
A proposal from the EPA and the Army Corps (public comment closed on 10/9) may limit federal Clean Water Act protection largely to waters that flow year-round. Seasonal streams and most wetlands without a direct, unbroken surface connection to a larger protected water body would likely fall outside federal jurisdiction under the strictest version of the proposal.
For some landowners, that sounds like less red tape. For others, it raises a different question: if the federal government is no longer the backstop for what happens to the water on and around your land, who is?
The answer depends on your state, and it isn’t always clear.
If you’ve been thinking about your land’s future, how to earn an income from it, or how to protect it for future generations in spite of urban sprawl, we have real win-win-win solutions.
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[Photo: thanks to Tyler Butler on Unsplash]