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The Realtors® Land Institute Applauds The New WOTUS Rule

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January 23, 2020 (Chicago) – The REALTORS® Land Institute applauds the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers for replacing the 2015 Clean Water Act, also known as Waters of The U.S. (WOTUS), with a new Clean Water/WOTUS rule that provides much-needed and long-awaited regulatory certainty for landowners nationwide.

The new rule brings clarity to which level of government – federal or state – oversees land that is usually dry but may take on water depending on weather. The new rule does not change who oversees permanent waterways, such as lakes, rivers, streams and other bodies that always or usually contain water. However, it does make clear that usually dry areas, like Prior Converted Crop (PCC) land, should not be considered federal waters and will remain excluded from their jurisdiction.

The 2020 National President of the REALTORS® Land Institute Kyle Hansen, ALC, responded to the news with the following comment, “The REALTORS® Land Institute and National Association of REALTORS® have long been strong supporters of the review and repeal of the WOTUS rule so that clarifications like this could be made to ensure that both private property rights and clean waterways are protected. This is a big win for landowners across the country, and a perfect reminder of the importance of using a qualified agent to help you navigate both the local and federal regulations that can come with conducting a land transaction.”

About the Realtors® Land Institute
The Realtors® Land Institute, The Voice of Land, continually strives to maintain its status as the acknowledged leader for all matters pertaining to the land real estate profession. The Realtors® Land Institute provides the expertise, camaraderie, and valuable resources that are the foundation for all land real estate professionals to become the best in the business. For more information, visit rliland.com or call 800.441.5263.

For additional information, please contact:
Jessa Friedrich, MBA, Marketing Manager
800-441-5263 | jfriedrich@realtors.org

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Repeal Of WOTUS Rule Finalized

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The US Environmental Protection Agency and the Army Corps of Engineers has announced they have finalized the repeal of the controversial WOTUS Rule. This move will provide much-needed and long-awaited regulatory certainty for landowners nationwide. The revocation of the rule was announced via Facebook Live by U.S. Environmental Protection Agency (EPA) Administrator, Andrew Wheeler, and Assistant Secretary of the Army for Civil Works, R.D. James, in Washington, D.C.

“Repealing the rule is a major win for American agriculture,” noted U.S. Secretary of Agriculture Sonny Perdue, in remarks he made at the presentation. “Farmers and ranchers are exceptional stewards of the land, taking great care to preserve it for generations to come. President Trump is making good on his promise to reduce burdensome regulations to free our producers,” he added.

According to the EPA news release, the 2015 rule:

  • Did not implement the legal limits on the scope of the agencies’ authority under the Clean Water Act as intended by Congress and reflected in Supreme Court cases.
  • Failed to adequately recognize, preserve, and protect the primary responsibilities and rights of states to manage their own land and water resources.
  • Approached the limits of the agencies’ constitutional and statutory authority absent a clear statement from Congress.
  • Suffered from certain procedural errors and a lack of adequate record support as it relates to the 2015 Rule’s distance-based limitations.

“With this final repeal, the agencies will implement the pre-2015 regulations, which are currently in place in more than half of the states, informed by applicable agency guidance documents and consistent with Supreme Court decisions and longstanding agency practice,” the news release stated.

The REALTORS® Land Institute and National Association of REALTORS® has been a strong supporter of the review and repeal of the WOTUS Rule, as laid out by President Trump’s Executive Order, to ensure that both private property rights and clean waterways are protected.

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WOTUS Rule Sees Revival in Twenty-six States

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The controversial Waters of the US (WOTUS) Rule is being re-implemented in 26 states after a federal judge’s ruling that the EPA and Army Corps of Engineers improperly suspended it. “U.S. District Judge David Norton in South Carolina agreed with environmental groups that the agencies failed to follow the public-comment requirements of the Administrative Procedures Act in implementing a suspension rule this year that was intended to delay enforcement of the 2015 rule. The APA requires agencies to take public comment on regulatory actions before implementing them,” stated a recent article on AgWeek.

The REALTORS® Land Institute and National Association of REALTORS® support the review of the WOTUS rule as laid out by President Trump’s Executive Order to ensure that both private property rights and clean waterways are protected.

States Under Jurisdiction of WOTUS as of 9.20.2018

This image represents the most current information available as of September 20, 2018.

Two-Year Delay on WOTUS Rule Proposed

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November 21 – In an effort to further ensure the implementation of the 2015 Clean Water Act, also known as Waters of the US (WOTUS Rule), the Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) have proposed delaying the rule until 2020. “Contrary to prior Supreme Court decisions, the Environmental Protection Agency (EPA) has proposed to “clarify” which water bodies are ‘U.S. waters’ and therefore subject to Clean Water Act regulations,” reads the National Association of REALTORS® website.

According to the agencies, postponing the WOTUS Rule will provide regulatory certainty while the agencies finish the process of repealing and replacing the WOTUS rule, which is currently underway. See our July 27, 2017 blog post for a more detailed explanation of the repeal and replacement process. The EPA and Corps will accept comments for up to 21 days after publication in the Federal Register. Read more.

See what other legislative issues are on the REALTORS® Land Institute’s radar on their Advocacy page.