Action: Submit comments on WOTUS updates

EPA and the U.S. Army Corps of Engineers are accepting public comments on a supplemental proposal that could significantly narrow which streams and wetlands receive federal protection under the Clean Water Act.

In Greater Houston, seasonal tributaries, prairie potholes, and bottomland wetlands may not hold visible water year-round, but they still store stormwater, filter polluted runoff, and help protect downstream communities. 

Use Bayou City Waterkeeper’s commenting portal to submit our prepared comment or personalize it with your concerns about flooding, water pollution, development, or a waterway you care about. Alternatively, you can submit a comment directly via Regulations.gov.

Comments must be submitted by October 9, 2026.

Submit your comment directly

You can submit a comment through the official federal rulemaking portal: 

1. Go to the Regulations.gov comment form. 
2. Personalize the sample comment below with your experiences:
   1. Flooding in your neighborhood
   2. Wetlands lost to development
   3. Pollution in your local waterway
   4. The importance of a local bayou or creek
3. Complete the required contact information and indicate whether you are commenting as an individual or organization. 
4. Select “Preview Comment” to review your submission and submit it by October 9, 2026. 
5. If possible, cc info@bayoucitywaterkeeper.org and request an email confirmation, saving your comment tracking number. 

Comments submitted to the docket become part of the public record. Do not include private or confidential information in your comment. 

Sample comment

I live in the Greater Houston-Galveston region, a storm- and flood-prone area shaped by bayous, creeks, floodplains, prairie potholes, bottomland forests, and other wetlands. These natural systems are essential parts of our flood protection. They absorb and slow stormwater, filter polluted runoff, and connect to the rivers and bays downstream.

As wetlands and other natural water systems are filled, paved over, or rerouted to accommodate development, communities face greater flood risks, forcing taxpayers to fund increasingly expensive drainage and flood-control projects.

I support a strong Clean Water Act that reflects how water actually moves across our region; recognizes the role of wetlands and streams in reducing flood risk and filtering pollution; accounts for changing climate conditions; and protects communities that are especially vulnerable to flooding, water pollution, and infrastructure underinvestment.

I oppose the supplemental definitions proposed by EPA and the Army Corps for the following reasons:

1. The proposal would limit federal protection to tributaries with standing or continuously flowing water throughout the year. But many important waters in the Houston-Galveston region are seasonal. Prairie potholes, upstream tributaries, floodplain wetlands, and bottomland wetlands may appear dry during part of the year while still storing stormwater, filtering runoff, and carrying water to larger bayous, rivers, and bays during wet weather. A waterbody does not stop affecting downstream water quality or flood risk simply because it does not contain visible water every day of the year.
2. The proposed approach to wetlands would require an exceptionally direct and continuous surface-water connection to another protected water. This does not reflect the changing water conditions that define many Gulf Coast wetlands. Wetlands can remain hydrologically connected to a watershed, providing flood protection, pollution filtration, and wildlife habitat, even when that connection is not continuously visible at the surface.
3. Texas does not provide comprehensive state protections capable of replacing the federal safeguards that these waters could lose. Without a meaningful regulatory backstop, more seasonal wetlands and tributaries may be filled, polluted, or destroyed as development continues. The resulting costs would be borne by communities and taxpayers.
4. The proposal works against public investments already being made across our region. Local governments are spending public funds to preserve floodplains, restore wetlands, construct nature-based infrastructure, and reduce flood damage. Federal policy should reinforce those investments, not make it easier to eliminate natural systems that provide the same essential services.

I ask the EPA and the Army Corps not to adopt the supplemental definitions of “relatively permanent,” “perennial,” and “continuous surface connection.” Instead, the agencies should finalize a definition of “waters of the United States” that is consistent with the Clean Water Act, informed by science, and responsive to regional hydrology.

The updated definition should recognize the value of seasonal tributaries and wetlands and protect the health, safety, and resilience of communities throughout the Greater Houston-Galveston region.

Thank you for considering my comment.