Federal Clean Water Bill Could Be Costly Mandate for Counties
On June 18, the U.S.
Senate Environment and
Public Works Committee
approved S.787 by Sen.
Feingold (D-Wis.), also known as the
“Clean Water Restoration Act.” The
legislation revises the Clean Water Act,
broadening its jurisdiction by removing
the word “navigable” from the definition
of “waters of the United States.” The
change could have the effect of
authorizing federal jurisdiction over
waters usually regulated at the state or
local levels.
According to the National Association of Counties (NACo), this proposed change could impose a substantial unfunded mandate on counties, as it may require every county to obtain a Clean Water Act permit for a project that would impact any “waters of the United States,” including infrastructure projects related to roads, ditches, and stormwater detention and facilities. Counties with a project subject to the permitting process may be required to mitigate any environmental impact of that project.
NACo remains opposed to the removal of the term “navigable” from the Clean Water Act and is urging all officials to contact their members of Congress and ask them to oppose the legislation. Other groups, including the American Farm Bureau Federation and the U.S. Chamber of Commerce, are also opposed to the definition change, contending that it will spur delays in permitting and result in increased federal oversight of local decisions.
The bill now heads to the Senate calendar for possible floor debate. For additional information, please contact Laura Garcia at (800) 456-5974.
