The National Environmental Banking Association (NEBA) recently submitted formal comments to the U.S. Environmental Protection Agency regarding the proposed update to the definition of Waters of the United States (WOTUS). These comments reflect NEBA’s continued commitment to regulatory clarity, consistency, and workable implementation for mitigation bankers, landowners, and project sponsors nationwide.
In its submission, NEBA raised important concerns about how the proposed rule would be implemented across U.S. Army Corps of Engineers districts—particularly in regions that lack established, scientifically validated stream assessment and mitigation protocols. While the proposal suggests reduced regulatory burden, NEBA emphasized that, without consistent tools and procedures, many districts could face delays, uncertainty, and increased reliance on ad-hoc determinations. This uneven readiness risks slowing permitting timelines and undermining the very efficiencies the rule seeks to achieve.
NEBA also underscored the growing importance of stream jurisdiction determinations under the proposed definition and urged EPA and the Corps to acknowledge disparities among districts, provide transition support, and work toward more uniform national approaches.
As we head into the coming year, NEBA encourages members to stay closely engaged on WOTUS and related Clean Water Act developments. Regulatory definitions continue to evolve, and informed participation—through comments, outreach, and collaboration—is essential to protecting functional mitigation markets and advancing private-sector conservation solutions. NEBA will continue monitoring rulemaking activity, sharing updates, and advocating for policies that support certainty, transparency, and effective environmental outcomes.
Read Comment Letter - HERE
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