The National Environmental Banking Association (NEBA) has formally submitted detailed comments to the U.S. Environmental Protection Agency (EPA) and the Department of the Army on the proposed updated definition of Waters of the United States (WOTUS), currently open for public comment on Regulations.gov. NEBA’s comments focus on ensuring regulatory clarity, scientific defensibility, and economic viability for mitigation banking and ecological restoration nationwide.
In its submission, NEBA emphasizes that regulatory consistency and certainty are essential for delivering high-quality mitigation outcomes. While NEBA appreciates the agencies’ efforts to respond to recent Supreme Court decisions, the proposed rule introduces significant ambiguities—particularly around the undefined concept of a “wet season” and assumptions about stream assessment tools that do not exist in much of the country. These gaps risk delaying permits, discouraging private investment in restoration, and undermining the goals of the Clean Water Act.
NEBA also highlights that 29 states currently lack the validated stream protocols necessary to implement the proposed standards, creating the potential for uneven application across regions. Without clear definitions and practical implementation tools, both regulators and mitigation providers face unnecessary uncertainty that could slow restoration when it is most needed.
NEBA members’ voices matter
Agency decision-makers closely review public comments, especially when they come from experienced practitioners working directly in mitigation banking, restoration, and permitting. We strongly encourage all NEBA members to submit their own comments supporting clear, workable, and science-based WOTUS definitions before the public comment deadline.
Submit your comment here: https://www.regulationdocument/EPA-HQ-OW-2025-0322-0001
Your participation helps ensure that federal policy supports effective restoration markets, regulatory efficiency, and long-term protection of the nation’s waters.
Read Comment Letter - HERE