0

Reg. 87 - Colorado Dredge and Fill Program Implementation (HB24-1379)

On May 30, 2024, House Bill (HB) 24-1379 was signed into law. The intent of the legislation is to ensure that state waters are protected from the impacts of dredge and fill activity after the U.S. Supreme Court drastically limited the scope of federal protection under the Clean Water Act through its decision in Sackett v. EPA

In anticipation of the Sackett decision, Governor Polis convened a task force in Jan. 2023 to explore options to ensure continued protection for Colorado’s waterways from the impacts of dredge and fill activities. Stakeholders continued to meet in 2023 and the first part of 2024 to discuss a regulatory framework that made sense for the protection of Colorado’s water resources. If you are interested in reviewing past meeting materials from these efforts, they are available in this public folder. These efforts culminated in the passage of HB24-1379.

HB24-1379 directs the Water Quality Control Division to develop a dredge and fill authorization program and the Water Quality Control Commission to establish permitting and mitigation rules by Dec. 31, 2025. The outcome will be Regulation No. 87, a control regulation for avoiding, minimizing, and mitigating the impacts of dredge and fill activity. See below for more details about engagement opportunities, including stakeholder meetings and workshops, for the implementation of HB24-1379 and the development of Regulation No. 87.

For more information on the division’s implementation efforts, including resources on Temporary Authorizations, please visit the dredge and fill implementation webpage.

How to get involved

 

Please see the upcoming meeting dates and times below.

2025 scheduled meetings - Register to attend

  • Tuesday, Jan. 28, 2025 | 9:30 to 11:30 a.m.
  • Thursday, Feb. 20, 2025 | 9:30 to 11:30 a.m.
  • Thursday, March 20, 2025 | 9:30 to 11:30 a.m.
  • Wednesday, April 16, 2025 | 9:30 to 11:30 a.m.
  • Thursday, May 22, 2025 | 9:30 to 11:30 a.m.
  • Wednesday, June 18, 2025 | 9:30 to 11:30 a.m.
  • Wednesday, July 23, 2025 | 1:30 to 3:30 p.m.
  • Thursday, Aug. 21, 2025 | 9:30 to 11:30 a.m.
  • Thursday, Sept. 18, 2025 | 9:30 to 11:30 a.m.
  • Thursday, Oct. 23, 2025 | 9:30 to 11:30 a.m.
  • Wednesday, Nov. 19, 2025 | 9:30 to 11:30 a.m.

 

To support potential project proponents, the division will provide training on Temporary Authorizations. During this training, the division will provide an overview of key components of Temporary Authorizations, explain application requirements, including compensatory mitigation, demonstrate where to find materials and resources, discuss the timing of the process, and provide an opportunity for participants to ask questions.

Temporary Authorization training - Register to attend

  • Thursday, March 6, 2025 | 10 to 11:30 a.m.
     

 

As part of this effort, the division held two compensatory mitigation workshops to discuss wetland and stream mitigation options. Our goal for these workshops was to inform compensatory mitigation requirements under Regulation No. 87 and a potential mitigation policy. The workshops focused on examples and options for wetland and stream mitigation. Workshop materials are available for review in this public folder.

 

For more information, please contact cdphe.commentswqcd@state.co.us