Federal Government Changing Rules that Protect Wetlands
11/21/25 – The Federal Government is again changing the rules that protect wetlands. The changes could reduce the volume of wetlands that enjoy federal protection by altering the definition of “Waters of the United States” under the Clean Water Act to align with Supreme Court rulings.
The Government has opened public comment on the proposed language for 45 days – until January 5, 2026. Wetlands above dams and wetlands without continuous surface flow could be radically affected.
Reason for Changes
The proposed changes include clarification of many definitions that previously caused confusion and controversy because of their ambiguity.
Every day, regulators must draw black-and-white distinctions in a world characterized by infinite shades of gray. For instance, does a “continuous surface connection” to “waters of the U.S.” include wetlands going through a drought? Wetlands separated from a river by a dike? Wetlands that are only wet during the rainy season? Or wetlands upstream from a water-supply dam like Lake Houston or Lake Conroe?
The 49-page entry in the Federal Register notice states that the proposed definitions/changes seek to avoid “impairing or in any manner affecting any right or jurisdiction of the States with respect to waters (including boundary waters) of such States.” See 33 U.S.C. 1370.
Said another way, Federal Government seems to be turfing the task of interpreting some gray areas back to local jurisdictions. The notice says, “States and Tribes are free to address rivers, lakes, streams, ponds, and other features that do not meet the definition of “relatively permanent” as “waters of the State” or “waters of the Tribe” under their own laws to the extent they deem appropriate.
However, Texas largely relies on federal wetland protection. The state’s role is limited to certification, advisory review, and coastal management. I’m not aware of any comprehensive Texas law that independently protects inland wetlands from filling or drainage.
The Federal Register describes the changes and how they could affect different interest groups, situations and locations. I couldn’t possibly summarize them all in one page. But I will address one.
Wetlands Threatened in Lake Houston Area
Right now in the Lake Houston Area, we are looking at several major proposed developments that want to build over wetlands.
Signorelli has proposed building Crossing at the Commons of Lake Houston in the floodplain of the San Jacinto East Fork. Much of this area is wetlands.
And farther downstream on the East Fork, Ron Holley wants to build over wetlands both north and south of Royal Shores. Note the green areas east of High Valley and Royal Shores Drive in the wetlands map below.
Scarborough has proposed building out 5,316 acres at the confluence of the West Fork, Cypress Creek, Spring Creek and Turkey Creek.
Protect Your Wetlands. Submit Comments.
If you are concerned about protecting wetlands (and you should be if you want to reduce flooding), read this notice:
Then submit a public comment. Here’s why.
All the areas above are upstream from the Lake Houston dam. Make sure you note the following sentence under the proposed “Definition of Tributary.”
“Such waters [above a dam] would not sever upstream jurisdiction for tributaries if they have relatively permanent flow, or in the case of adjacent wetlands, if relatively permanent flow occurs through the wetlands, connecting the upstream and downstream portions of the tributary network.”
That says to me:
Wetlands above dams and without permanent flow would no longer be considered jurisdictional and therefore no longer enjoy the Corps’ protection.
Bob Rehak Interpretation
In my reading, this removes any incentive for developers to protect nature’s sponges and it increases flood risk for others who may live nearby or downstream.
What’s your interpretation? How do you feel? The EPA and Army Corps are seeking your input on such language. Such obscure definitions/interpretations could affect your family’s future safety and the value of your home.
Jill Boullion, Executive Director of the Bayou Land Conservancy had this to say. “Narrowing the definition of ‘Waters of the US (WOTUS)’ will not serve the Houston region well. Our region has already lost thousands of acres of wetlands over recent decades.”
She continued, “Wetlands protect our homes from flooding, clean our drinking water, and provide vital habitat for native plants and animals. Requiring a continuous surface connection to navigable water would immediately open many wetlands to being paved over. Due to the dry weather this year, many wetlands are currently dry but still serve an important purpose for a healthy community.”
Make sure you register your opinion here.
Posted by Bob Rehak on 11/21/2025
3006 Days since Harvey
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
