This is from Alabama farmers who are keeping on top of the issue. It will affect farmers in every state.

Alabama farmers and landowners will soon be scouting fields to determine which features may be classified as “waters of the U.S.” (WOTUS) under the Environmental Protection Agency’s (EPA) new rule.

The rule, which takes effect Friday, Aug. 28, expands the EPA’s jurisdiction on private lands. As a result, previously common farming and forestry practices could require a permit or be subject to large penalties.

“It’s important that farmers learn about the changes included in this rule, because it will impact everyday farming activities,” said Mitt Walker, National Legislative Programs director for the Alabama Farmers Federation. “The only way for farmers to be certain that a feature is classified as a water is to request a jurisdictional determination (JD) from the Army Corps of Engineers.”

Certain WOTUS features are easily identifiable, such as rivers and streams. However, under the new rule, ditches and seasonally wet areas in fields may be subject to regulation.

Farming practices that could require a permit under the Clean Water Act (CWA) include applying pesticides or fertilizers; grading, plowing or terracing a field; and constructing fences, ditches or ponds. The permit is required whether the area is dry or wet.

“Dredge and fill” exemptions from permitting requirements exist; however, the EPA has a history of narrowly interpreting the exemptions.

There is still time for the courts to allow for an injunction that would delay rule implementation. Twelve lawsuits, filed against the rule since June, were consolidated to be heard together before the 6th Circuit Court in Cincinnati, Ohio.

In May, the U.S. House of Representatives passed a bill to prevent implementation, and a similar measure passed the U.S. Senate Environment and Public Works Committee in June. However, Congress is in recess through Sept. 7, and President Barack Obama has defended the regulation.

Meanwhile, the American Farm Bureau Federation (AFBF) suggests farmers protect themselves by asking for a jurisdictional determination; avoiding “discharge” activities in areas that may be considered a WOTUS; applying for the “dredge and fill” exemption; or applying for the Section 402 or 404 permit.

Click here for an AFBF document that explains more about the rule’s impacts on farmers.

See more on AlfaFarmers.org