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On Sept. 9, the EPA and U.S. Army Corps of Engineers published a Supplemental Notice of Proposed Rulemaking that once again calls into question which waterways receive federal protection in the “waters of the United States,” or WOTUS.

One of the proposed approaches would drastically limit federal protection to perennial waters — waterways with standing or continuously flowing water throughout the year under ordinary conditions — with limited exceptions. This could remove federal protections from many streams, headwaters and wetlands that are seasonal or do not contain water year-round, putting an estimated 79% of streams and 95% of our nation’s individual wetlands at risk of dredging, draining, dumping and destruction. In North Carolina, most of the vulnerable wetlands are in the Coastal Plain. These wetlands serve a critical role in mediating flood events by storing stormwater, filtering runoff to improve water quality, and providing critical habitat for our state’s fisheries.

In North Carolina, this issue is especially important because state law now ties our state protections to the federal definition of WOTUS. According to the North Carolina Department of Environmental Quality (NCDEQ), state permits are no longer required for impacts to isolated or other wetlands that are not federally jurisdictional. As a result, changes to the federal definition of protected waters could have significant consequences for wetlands and waterways in North Carolina, potentially leaving more of these resources without either federal or state wetland permitting protections.

Four out of five adults in this country support strong clean water and wetland protections. Make your voice heard and urge the EPA and U.S. Department of the Army to protect the streams and wetlands that communities depend on for flood protection, clean water, wildlife habitat and healthy ecosystems.

The deadline to submit comments on the Supplemental Rule is Oct. 9, 2026.

ADD YOUR NAME THE PETITION and make your voice heard: protect our nation’s precious wetlands and waterways.

Read about the proposed change in the piece by attorneys with Ward and Smith, P.A.: “WOTUS 2026: The Pendulum Swings Narrower Still as Agencies Supplement Their Proposal.”