Florida’s Position on the Draft WOTUS Rule: Implications for Landowners, Developers, and Environmental Policy
On January 5, 2026, Florida joined 20 other states in submitting a formal comment letter to the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers. The letter addresses concerns regarding the agencies’ proposed revision to the definition of “waters of the United States” (WOTUS), urging a more focused and constitutionally sound approach following the Supreme Court’s Sackett decision.
Read the full comment letter below:
Key Points from Florida’s Position
Supports narrowing federal oversight:
Florida agrees with the general direction of the proposed rule, which scales back the expansive federal reach of past WOTUS definitions. However, the state contends that the current draft remains vague in key areas and could still enable federal overreach.
State jurisdiction should prevail:
The state argues that Congress never intended the Clean Water Act to apply to all ditches, puddles, or seasonal wetlands—particularly when Florida already regulates such areas through its Environmental Resource Permitting (ERP) program.
Sackett should guide the rule:
Florida calls for stricter adherence to the Sackett v. EPA decision, which clarified that federal jurisdiction should only apply to wetlands with a continuous surface connection to a larger, navigable waterbody. The current proposal does not fully meet that standard.
Concerns with “wet season” language:
Language allowing seasonal surface connections to qualify as jurisdictional waters is of particular concern in Florida’s environment. The state warns this would bring many state-regulated waters back under federal permitting unnecessarily.
Agricultural implications:
Florida also opposes the reintroduction of federal control over previously converted croplands deemed “abandoned.” This would introduce instability for farmers and landowners who rely on predictability in land use regulations.
Florida’s Priorities for the Final Rule
Florida urges the agencies to adopt a rule that is:
- Clear in its definitions and application
- Predictable for regulated parties
- Consistent with the Sackett decision
- Respectful of state-level regulatory authority
According to the state, regulatory clarity is essential to avoid unnecessary permitting delays, increased costs, and confusion for landowners, developers, and environmental professionals.
For further details, Florida’s position is also featured in The Florida Specifier:
Florida’s Position on the Draft WOTUS Rule – The Florida Specifier
