New Navigable Waters Protection Rule and Ohio EPA Ephemeral Stream Go into Effect
After many legislative hurdles, including multiple continuing lawsuits, the Navigable Waters Protection Rule crafted by the United States Environmental Protection Agency (USEPA) and Army Corps of Engineers has taken effect officially on June 22, 2020.
While many court cases are still pending, Colorado was the only state to be granted a temporary injunction against the implementation of the rule.
As was noted in a previous blog post, this new rule saw the loss of protections for ephemeral streams, those that only flow during or directly after rain events.
Several days after the Navigable Waters Protection Rule took effect, the Ohio EPA finalized an updated Level One Isolated Wetland General Permit to include Ephemeral Streams.
As of June 25, 2020, ephemeral streams will now be permitted using the same requirements as a Level 1 Isolated Wetland General Permit.
This new permit, while not creating any new laws or regulations may require a Public Activity Notice including specific documentation and mitigation for impacts affecting over 300 linear feet of ephemeral stream.