Proposed Changes for Implementing the Clean Water Act Remove Protections for Many of Montana’s Wetlands
Wetlands have some pretty incredible superpowers, but their protection is at risk if a proposed change to federal regulations is adopted.
Most wetlands within Gallatin County are regulated by the federal government. For example, approximately 80% of wetlands in the City of Bozeman are currently under federal jurisdiction. When a wetland falls under federal jurisdiction, it does not mean the wetland is off-limits to development, but rather puts a regulatory cost on impacting it.
So, if a developer proposes to build on land containing a federally regulated wetland, they must get a permit and pay to offset the wetland services lost. Under the proposed rule, most wetlands would no longer be federally regulated, meaning developers could fill and build on them without permitting requirements or costs, removing a key financial incentive for avoiding wetland impacts.
The proposed rule aims to remove most wetland jurisdiction from the federal government and defer regulation to the states or other government entities. Some states have existing protections in place, but Montana does not, which will leave most wetlands in Gallatin County and across the state with little or no protection at all. While some municipalities in Montana, including Bozeman, regulate impacts to wetlands that fall outside federal jurisdiction, these local rules do not cover most wetlands in the valley. Without federal oversight, many wetlands in our community will have no regulatory backstop to protect them from development, putting clean water, flood control, and wildlife habitat at risk.
The good news is that there is still an opportunity to ensure wetlands retain the protections they are entitled to today.
How to submit a comment:
The proposed definition of “waters of the United States” is still up for public feedback. You can submit a comment through the federal registry.
Dive Deeper:
🔗 Public Fact Sheet for the 2025 Proposed WOTUS Rule
🔗 Agricultural Fact Sheet for the 2025 Proposed WOTUS Rule
🔗Army Corps and EPA Propose New Definition of “Waters of the United States”
Written by Katherine Berry