What would you do if the U.S. Supreme Court told you that a particular effort you were championing was unconstitutional? Would you try again? How about if it happened twice? Would you try again?

That’s what the Environmental Protection Agency (EPA) and the Army Corps of Engineers (AC) are doing with their current rulemaking effort to redefine the term “waters of the United States.”

The EPA and AC have proposed a rule to dramatically expand the  definition of “waters of the United States” (WOTUS), an often-used term in the various Clean Water Act (CWA) programs.

Generally, federal jurisdiction has been limited to major bodies of water and navigable rivers and streams. Adoption of this proposed new definition would allow the feds to control almost every body of water in existence that has a “nexus” or connection to a major body of water or navigable stream. Water flows downhill and so does the EPA’s explanation that the proposed rule wouldn’t enlarge the scope of their jurisdiction.

Keep in mind, Realtors support the CWA. But according to the U.S. Supreme Court, only Congress can expand its reach beyond waters that are either (a) navigable or (b) significantly connected to a navigable water. This is the EPA’s third attempt at expanding their authority outside of Congress, and they’re batting 0-2 with the high court. Guess who is paying for all of this? Yep, you and me – the taxpayers!

The proposal, if adopted, would expand land use restriction on private properties in the floodplain of any stream or ditch, no matter how s mall or dry.

Landowners proximal to a WOTUS would be required to pull a federal permit for any improvement. Want to cut down a tree on your property? If you’re not a farmer, pull a permit. Want to clear some brush on your land? If you’re not a farmer, pull a permit.

The National Association of Realtors is part of a national coalition formed to stop this rulemaking and are also supporting legislation to defund EPA’s efforts.

The Wilmington Regional Association of Realtors (WRAR) is coordinating with the North Carolina Association of Realtors to support these efforts.

WRAR already sent over 300 letters to the EPA and AC, and we encourage you, the taxpayers, to do the same.

Send an email to [email protected], and we will provide you with a link to send a
letter to stop this action. The public comment period ends Oct. 30, 2014, so do it now!
 
Jody Wainio is president of the Wilmington Regional Association of Realtors. Ken Kopocis, deputy assistant administrator for water at the U.S. Environmental Protection Agency, recently submitted a column in response.