WOTUS - Trump

WHAT PRESIDENT TRUMP'S
EXECUTIVE
ORDER
ON WOTUS
MEANS FOR REAL ESTATE
AND LAND OWNERS
THE REALTORS® LAND INSTITUTE, “THE VOICE OF LAND,”
APPLAUDS THE NEW ADMINISTRATION ON TAKING THIS LONG
OVERDUE STEP TO REVIEW AND REVISE THE REGULATION.

LAND / Radar
®
COURTESY OF
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LAND / Radar
On Tuesday, February 28, President Trump signed
an Executive Order that begins to unwind the Obama
administration's controversial Clean Water Rule. Also
known as the Waters of the U.S. rule, or WOTUS, the
regulation was written by the U.S. EPA and the Army
Corps of Engineers to clarify the reach of federal
regulators over wetlands and waterways under the
Clean Water Act.
While the executive order cannot repeal WOTUS,
which was finalized in May 2015, the Executive
Order will direct EPA and the Army Corps to begin
a formal review of the regulation, a likely first
step to dismantling it.
Withdrawing WOTUS will
have a significant impact
on the real estate sector,
especially land real estate,
and for private property land
owners across the US.
The REALTORS® Land
Institute, “The Voice of
Land,” applauds the new
administration on taking this
long overdue step to review
and revise the regulation.
RLI has strongly advocated
for the rule to be withdrawn
to eliminate the need for costly and time-consuming
permits on waters that were previously unregulated
by the federal government. The permits have been
required to develop on private property that has any
areas holding water, not just navigable interstate water
or adjacent wetlands.
Because WOTUS greatly increased the number
and types of waters that came under the control
of the EPA, many private property owners were
unable to utilize their own properties—essentially,
experiencing a taking of their property without just
compensation—a violation of the 5th amendment.
While maintaining the integrity of fresh water in this
country should remain a priority, the WOTUS rule
“RLI looks forward...
to develop common-sense
solutions to protecting our
nation's water resources
while balancing the
interests of land real
estate, land owners, and
communities nationwide”
—BRANDON ROGILLO
claims a largely undefined and very broad jurisdiction
beyond a reasonable scope. Due to pending additional
litigation and technical procedures, the rule has
been stayed nationwide by the Sixth Circuit Court of
Appeals since last October.
The Executive Order directs the EPA to begin a
rewrite of the regulation to adhere more closely to the
definition of “waters of the U.S.” under the Clean Water
Act and provide a streamlined permitting process
to provide clarity and certainty to the private sector
while protecting the integrity of the country’s water
resources.
“RLI looks forward
to working with the
Administration, EPA
Administrator Scott Pruitt
and the Assistant Secretary
of the Army for Civil Works,
when approved, to develop
common-sense solutions to
protecting our nation's water
resources while balancing
the interests of land real
estate, land owners, and
communities nationwide,”
said Brandon Rogillo, ALC,
2017 RLI National President.
About the REALTORS® Land Institute
The REALTORS® Land Institute, “The Voice of
Land,” continually strives to maintain its status as
the acknowledged leader for all matters pertaining
to the land real estate profession. RLI endeavors
to remain the essential membership organization
for the extraordinary real estate professionals who
broker, lease, sell, develop, and manage our most
precious resource: the land. The REALTORS® Land
Institute, provides the expertise, camaraderie, and
valuable resources that are the foundation for all land
real estate professionals to become the best in the
business. For more information, visit RLILand.com or
call (800) 441–5263. °
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