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Sen. Kevin Cramer, center-left, R-N.D., speaks on a panel with Gov. Kelly Armstrong, left, Peggy Browne, center, assistant administrator of the Environmental Protection Agency, Sen. John Hoeven, center-right, R-N.D., and D. Lee Forsgren, right, principal deputy assistant secretary of the Army, during a listening session Dec. 12, 2025, in Bismarck for a new rule from the EPA involving the Waters of the United States. (Photo by Michael Achterling/North Dakota Monitor)
Agriculture and construction industry representatives on Friday backed a proposed federal rule limiting federal authority over wetlands, ditches and groundwater, while others said protecting those areas is essential.
The Trump administration is proposing a narrower definition of Waters of the U.S., a term that has proven slippery to pin down where federal authority over waterways ends. It is key to the Environmental Protection Agency's enforcement of the Clean Water Act, passed in 1972.
The EPA listening session was in North Dakota at Bismarck State College, hosted by Sen. Kevin Cramer, R-N.D., and the EPA. Cramer said the proposed rule provides clarity, prevents federal government overreach, and is in line with the most recent Supreme Court decision on the issue, Sackett v. EPA in 2023.
"I'm really grateful that this administration, and (EPA) Administrator Lee Zeldin, unlike the Biden administration, has crafted a rule within the confines of the law," Cramer said.
Property developers said the broad rules under the Biden and Obama administrations delayed the permitting process and added to the cost of projects.
Several comments on Waters of the U.S., or WOTUS, centered around the prairie pothole region of central North Dakota.
Cramer and other supporters of the new rule said landowners should not have to worry about needing EPA approval to farm land that might only have standing water in the spring.
Gary Krapu, a wildlife researcher who also owns a farm in North Dakota, lamented the loss of wetlands in the state. He said shallow wetlands are the most critical habitat for waterfowl but are the most in danger of being drained.
"The proposed regulation will be most threatening to the many migratory birds that either breed in the northern Great Plains or pass through in migration," Krapu said.
Ron Henke, director of the North Dakota Department of Transportation, said road construction would benefit from the final EPA rules including a "broad and clear exclusion of roadside ditches" from being under federal jurisdiction.
He said he expects transportation departments in neighboring states to join North Dakota in filing comments asking the EPA to make that clear.
Michelle Emmons, co-executive director of the Willamette Riverkeeper group in Oregon, gave an opposing view.
"Roadside ditches function as rapid delivery pollution pipelines," said Emmons, one of several people from other states who provided comments remotely.
While some comments said the rule would protect personal property rights, Dean Wilson of Louisiana said his state is concerned about protecting people and the environment from the actions of others in the Mississippi River basin.
He cited pollution from agriculture and the draining of wetlands that contribute to flooding and hurt wildlife habitat. If upstream actions harm the Port of South Louisiana, it affects the whole country, he said.
"Our freedom ends where the freedom for our neighbors starts," Wilson said.
Sen. John Hoeven, R-N.D., said the proposed rule would "empower states and local communities to effectively manage local water resources while protecting property rights, ensuring economic growth and fostering environmental stewardship."
The listening session was the first of three for the proposed rule. Another listening session is planned for Monday in Pittsburgh and a virtual session planned for Tuesday.
Comments also can be submitted at regulations.gov or by email to CWAwotus@epa.gov.
The comment period ends Jan. 5.
North Dakota Gov. Kelly Armstrong said he'd rather see the environmental regulation handled at the state level.
"We know how to do this," Armstrong said.
Dave Glatt, director of the Department of Environmental Quality, also spoke in favor of the change, saying that state law covers areas that the EPA has not.
North Dakota Monitor reporter Michael Achterling contributed to this report. North Dakota Monitor Deputy Editor Jeff Beach can be reached at jbeach@northdakotamonitor.com.