New Definition Another Blow to the Bay Region’s Wetlands

The new wetlands definition the Trump administration proposed today would further gut federal protections for wetlands and other waters essential for a healthy Chesapeake Bay.

The Bay region’s roughly 1.5 million acres of wetlands trap and filter pollution, absorb storm surges, and provide valuable habitat for the region’s fish and wildlife. They protect low-lying communities from flooding and erosion. Wetlands also fight climate change by storing carbon. 

The proposed rule would codify the Supreme Court’s 2023 decision in Sackett v. EPA, which dramatically limited the scope of Clean Water Act safeguards for wetlands not directly connected to a nearby waterway and wetlands that don’t flow all year round. 

This Bay region is home to thousands of isolated wetlands, called Delmarva Bays and pocosins, and more than 118,000 linear miles of streams that flow intermittently or only during certain seasons. Without federal protection, only state regulations would be left to prevent development or destruction of these valuable natural resources.  

Maryland, New York, Pennsylvania, Virginia, and the District of Columbia have their own wetlands rules. However, loopholes, waivers, and limited enforcement would leave many of these ecologically important wetlands at risk.  

But Delaware, where Delmarva Bays are plentiful, and West Virginia, where the mountainous terrain can accelerate flooding, both rely solely on the federal definition to protect wetlands and intermittent and seasonal streams in their jurisdiction. 

Chesapeake Bay Foundation Senior Policy Director Keisha Sedlacek issued the following statement: 

“EPA’s plan to further strip wetlands protections would deal a serious blow to Bay restoration. 

“Wetlands, including those isolated from other waters, and streams that don’t flow continuously all year are critical to clean water in the Bay and its local rivers and streams.

“They also provide habitat and spawning grounds for fish, waterfowl, and wildlife important to our region’s seafood and outdoor recreation industries. And they’re invaluable for softening the blow of extreme weather on low-lying communities like Annapolis and Norfolk. 

“Absent robust federal protections, the Bay states and D.C. must fill the gaps or risk losing wetlands and streams that help save the Bay to short-sighted and irresponsible development and destruction.”