Colorado Dredge and Fill Permitting

The U.S. Environmental Protection Agency published a revised Waters of the United States rule that came into effect on June 22, 2020. The final rule substantially rolls back federal protections that were established in 2008, and even the protections established prior to that time. Colorado has relied on the federal government to protect these waters since Colorado does not have existing laws or regulations that allow state streams, lakes, and wetlands to be filled. The Navigable Waters Protection Rule took effect in Colorado on April 26, 2021, after a court decision. The department is working with stakeholders on a solution that protects the beneficial uses of state waters no longer under federal jurisdiction.