As the federal definition of Waters of the United States (WOTUS) narrows, Colorado has stepped in. Regulation 87 establishes a state dredge-and-fill authorization program for impacts to wetlands and streams that may no longer be federally protected — especially seasonal and temporary-flow waters common across the Mountain West.
✔️ What Regulation 87 Does:
• Covers non-WOTUS state waters
• Requires a typical “avoid → minimize → mitigate” approach
• Provides authorization pathways for both small and large dredge-and-fill projects
🚫 What it Does Not Do:
• It is not a blanket land-use law
• Many ditches, stormwater features, groundwater, and routine agriculture activities remain exempt
• It does not replace federal permits where WOTUS still applies
Program Status Update (2026)
Since initial rulemaking in December 2025, Regulation 87 has moved from decision to implementation:
📌 The Isolated State Waters General Authorization is effective as of Feb 6, 2026
📌 Regulation 87 was formally adopted on February 27, 2026 and published in the Colorado Register
📌 The Dredge-and-Fill Authorization Program becomes effective March 30, 2026
📌 General and individual permits are rolling out under the new framework through 2026
What This Means:
If a feature isn’t federally regulated, or even if your project already has a Section 404 permit, you may still need a separate Colorado authorization for impacts to non-WOTUS wetlands and streams.
→ Early planning and coordination are key as this new permitting framework continues to roll out.
Sources:
• https://cdphe.colorado.gov/press-release/colorado-water-quality-control-commission-takes-historic-action-to-protect-wetlands
• https://cdphe.colorado.gov/dredge-and-fill-engagement
• https://www.sos.state.co.us/CCR/RegisterContents.do?publicationDay=03/10/2026&Volume=49&yearPublishNumber=5&Month=3&Year=2026
