- New tool lists state-level wetlands permitting rules.
- The guide helps users compare laws that vary across states.
- Resource responds to major Supreme Court ruling limiting federal reach.
Monday, March 24, 2025 — In a move to help landowners, attorneys, and regulators better understand wetlands permitting rules across the United States, the National Agricultural Law Center has published a new online tool that compiles state-level laws in one place.
Titled States’ Wetlands Permitting Statutes
, the free resource highlights whether each state has its own wetlands permitting program and links directly to applicable regulations. Developed by NALC staff attorney Brigit Rollins and Research Fellow William Gaspard, the resource reflects the patchwork of environmental laws in the wake of a significant U.S. Supreme Court decision.
Response to Sackett Ruling.
In Sackett v. EPA, the Court narrowed the federal government’s authority over wetlands under the Clean Water Act. As a result, certain wetlands that once required federal permits may now fall solely under state oversight.
“Following the Supreme Court’s decision in Sackett v. EPA, which narrowed the Clean Water Act’s permitting jurisdiction over wetlands, it is important for the regulated community to be aware of what is required in their state,” said Rollins. “While a federal permit may no longer be required for their operations, a state permit still could be.”
Rollins added that the EPA has since revised its definition of “waters of the United States,” or WOTUS, which further changed which water bodies are subject to federal regulation. “It changed how many bodies of water that were previously designated as WOTUS can be used,” she said.
Varying State Requirements.
The new guide illustrates the wide range of responses from state governments. “Some states have no separate state permitting system for wetlands, while others have complex requirements,” Rollins noted. “Colorado, for instance, has passed new wetlands permitting requirements, and it’s possible that more states will do the same in the coming years in response to the Supreme Court’s ruling.”
The compilation is part of a broader series of state resources offered by the NALC and will be updated regularly to reflect new developments.
The full resource is available at nationalaglawcenter.org/state-compilations/wetlands-permitting. A complete list of other state compilations is available at nationalaglawcenter.org/state-compilations.
Upcoming Conference Will Explore Wetlands Law.
The new resource also ties into discussions planned for the upcoming Western Water, Agricultural, and Environmental Law Conference, set for June 19–20 in Reno, Nevada, and also available via livestream. Tess Dunham, a partner at Kahn, Soares and Conway, will present a session titled WOTUS & Water Quality in the West in a Post-Sackett World.
The event offers continuing education credits and is open for registration.
About the National Agricultural Law Center.
Founded by Congress in 1987, the National Agricultural Law Center is the nation’s leading source of research and information on agricultural and food law. The Center provides objective, nonpartisan resources to a broad range of users including farmers, agribusinesses, attorneys, government officials, and university researchers. It operates as a unit of the University of Arkansas System Division of Agriculture in partnership with the USDA Agricultural Research Service and the National Agricultural Library.
The University of Arkansas System Division of Agriculture conducts research and outreach statewide through the Agricultural Experiment Station and Cooperative Extension Service. The Division has offices in every Arkansas county and faculty on three campuses.
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About the top image:
Prime Lake wetland on Anderson Mesa.jpg "Opens in a new tab.")
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The Arizona National Scenic Trail Anderson Mesa Passage (AZT-30) traverses Anderson Mesa in the Lake Mary area southeast of Flagstaff. The passage begins northwest of Mormon Lake, crosses Lake Mary Road near Pinegrove Campground, and ascends Anderson Mesa, passing near several small wetlands on its way to Marshall Lake, the most well-known of these magical and important wildlife habitats. Between Vail and Prime Lakes, the trail skirts around observatory facilities to the edge of the mesa, providing a stunning panoramic view of Lake Mary. On Coconino National Forest maps, the Arizona Trail is labeled as trail number 87 for its entire traversal of the Forest.
This photo was taken in August 2017 by Deborah Lee Soltesz during a day hike from Marshall Lake to a point just west of Vail Lake. Credit: U.S. Forest Service Coconino National Forest. For information on this passage, visit Arizona Trail: Anderson Mesa Passage AZT-30 and download the Anderson Mesa Passage AZT-30 trail map. Visit Coconino National Forest for more trails and other recreation opportunities.
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