GCSAA has submitted comments to the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers (the Agencies) on the latest rulemaking to clarify the definition of “Waters of the United States” (WOTUS) under the Clean Water Act. Published Sept. 9, this rule supplements an earlier rule published by the Agencies in November 2025. At that time, golf and other industries argued for greater clarity when defining the streams and wetlands that flow on, over or near golf courses. The Agencies proposed this supplemental rule to address those concerns. 

GCSAA generally supports the supplemental definitions as steps toward regulatory clarity consistent both with federal law and the Supreme Court’s recent decision in Sackett v. the Environmental Protection Agency (2023).

First, the supplemental rule limits federal jurisdiction to standing or continuously flowing water every day of the year during ordinary conditions (i.e. perennial). This is a welcome step. There are exceptions when drought or other anomalous events interrupt flow. GCSAA asks the Agencies to provide objective standards to help determine these exceptions including, how water diversions are treated and how multiple short interruptions are evaluated.

GCSAA further requests an express categorical exclusion for the lawfully constructed irrigation channels, drainage ditches, culverts, stormwater systems and water-storage facilities found on a golf course, regardless of whether they hold water continuously or not. This exclusion would provide greater certainty for golf course management. 

Second, the supplemental rule limits federal jurisdiction over wetlands that are adjacent to a WOTUS. The concern is that a wetland can be so ill-defined that a golf course superintendent would not know whether it connects to a WOTUS. Sackett defined a wetland connection to be so close as to be “indistinguishable” to a WOTUS. The supplemental rule goes further and says the wetland must also have perennial water. Again, this is a welcome step. GCSAA urged the agencies to establish reasonable methods for evaluating wetland features and to clarify that a culvert alone does not create a continuous surface connection between wetlands.

GCSAA also encouraged the Agencies to develop implementation guidance, including illustrated examples and clear decision criteria for features such as irrigation ponds, drainage channels, detention facilities and culverts.

A final rule is expected before the end of the year. GCSAA will continue to work with the Agencies; Congress; and our industry allies to make sure this rule supports golf course management compliance. 

You can read GCSAA's WOTUS comments here.