2025 WOTUS Guidance: Clarifying “Continuous Surface Connection” Under the Clean Water Act

New 2025 WOTUS Guidance Defines “Continuous Surface Connection” in Light of Sackett Decision

On March 12, 2025, the U.S. Environmental Protection Agency (EPA) and the Department of the Army jointly issued a new memorandum clarifying how the “continuous surface connection” (CSC) standard should be applied when determining jurisdictional wetlands under the Clean Water Act. This 2025 WOTUS Guidance aims to bring national consistency and clarity to a critical question: When is a wetland considered adjacent to waters of the United States?

This guidance directly responds to the Supreme Court’s decision in Sackett v. EPA and is intended to reduce confusion while providing a durable framework for implementation across the two operative regulatory regimes in place today: the Amended 2023 Rule and the pre-2015 regulatory regime, both aligned with Sackett.

What the 2025 WOTUS Guidance Clarifies

According to the memorandum, wetlands meet the CSC requirement when they directly abut a jurisdictional water — that is, when they touch it and are not separated by uplands, berms, dikes, or similar features. This approach aligns with prior agency interpretation, including the 2008 Rapanos Guidance, which emphasized that physical barriers disqualify a wetland from being considered jurisdictional under the plurality standard.

Under this updated framework, agencies are directed to:

  • Apply the CSC standard consistently under both regulatory regimes
  • Use clear and simple definitions to guide field implementation
  • Emphasize practical, site-based evaluation approaches
  • Prioritize transparency and efficiency in permitting decisions
  • Consider the input of Tribes, States, local governments, and stakeholders

For full details, the memorandum is available on the EPA’s official WOTUS webpage.

New Rulemaking on the Horizon

In addition to issuing this guidance, the agencies announced a new rulemaking initiative, signaling a long-term goal of creating a regulatory definition that is legally resilient, science-based, and administratively workable.

A Federal Register Notice was published on March 24, 2025, opening a public comment docket and launching a series of listening sessions to gather feedback from environmental professionals, industry leaders, local governments, and the public.

Key areas of focus include:

1. Relatively Permanent Waters (RPW)

  • Determining what features qualify as relatively permanent
  • How to identify RPWs in the field
  • Key physical characteristics to inform classification

2. Continuous Surface Connection (CSC)

  • How “continuous” and “connection” are defined in regulatory terms
  • Interpretation of “adjacent” wetlands
  • Implementation recommendations from field practitioners

3. Jurisdictional Ditches

  • Distinguishing jurisdictional from non-jurisdictional ditches
  • Developing a practical and enforceable definition of “ditch”

Stakeholders are encouraged to participate in the process by submitting recommendations through the EPA’s public docket system.

Why This Matters for Wetland Professionals

At The Mitigation Banking Group, we closely monitor regulatory changes like the 2025 WOTUS Guidance to keep our clients and partners informed. These shifts directly impact wetland delineations, credit availability, and permitting timelines for projects that intersect with jurisdictional waters.

This new guidance offers clarity, but it also reinforces the importance of professional due diligence when evaluating whether a wetland or tributary qualifies for protection under the Clean Water Act. Now more than ever, landowners, developers, and environmental consultants must ensure their assessments align with the most current legal standards.

Where to Learn More

For official documents and further resources, visit:

As this rulemaking effort continues to evolve, we’ll be sharing updates, implications, and analysis for our industry partners. Clear rules lead to better outcomes for permitting, for the environment, and for responsible development across Florida and beyond.

Let us know if you need support understanding how this may impact your project site or bank property.