The National Environmental Banking Association (NEBA) has formally submitted comments to the U.S. Environmental Protection Agency and Department of the Army on the proposed changes to the definition of Waters of the United States (WOTUS). These comments focus on the real-world economic and implementation impacts the proposal may have on mitigation banking, infrastructure delivery, and environmental restoration nationwide.
NEBA strongly supports regulatory clarity, consistency, and efficiency. However, as outlined in our comments, the proposed rule relies on vague concepts—such as an undefined “wet season”—that could lead to inconsistent jurisdictional determinations, permitting delays, and increased litigation. NEBA also highlighted a significant implementation gap, noting that many states currently lack the technical tools required to carry out the complex analyses the rule would demand.
Importantly, NEBA emphasized that mitigation banks offer a proven, scalable solution that aligns with the intent of the 2008 Mitigation Rule by providing pre-approved credits that keep projects moving while delivering meaningful ecological outcomes. The proposed WOTUS framework risks undermining that efficiency unless agencies prioritize bank-based mitigation and provide clear guidance.
While NEBA’s comments are now part of the official record, member participation is critical. Regulators need to hear directly from practitioners, landowners, consultants, and sponsors who understand how these rules operate on the ground.
We strongly encourage all NEBA members to submit individual comments before January 5, 2026 to reinforce the need for clarity, practicality, and reliance on mitigation banking solutions.
Comments can be submitted at:
https://www.regulations.gov/document/EPA-HQ-OW-2025-0322-0001
Your voice matters—please take a few minutes to make it heard.