Filling The Void: Colorado Advances Wetlands Rules That Will Have Major Impacts On Development

Colorado authorities recently published proposed regulations that will have major implications for construction and development projects that impact state waters. The regulations establish a permitting system for projects that discharge (or have the potential to discharge) dredge and fill material into waters over which the state has jurisdiction. In response to the U.S. Supreme Court's 2023 decision in Sackett v. EPA, which limited the scope of the federal government's jurisdiction over waters and wetlands under the Clean Water Act, the Colorado legislature enacted House Bill (HB) 24-1379 (25-8-205 C.R.S.) on May 30, 2024. The legislation is among the first in the U.S. to address the regulatory rollback of federal wetland protections under Sackett and will likely serve as a model for other states looking to take similar action. HB 24-1379 provides a framework to protect state waters from the impacts of dredge and fill activity by instructing the Colorado Department