Denver (Dec. 15, 2025): Colorado took a major step forward last week to protect wetlands and seasonal streams while keeping construction, agriculture, and infrastructure projects moving. The Water Quality Control Commission voted 9–0 to adopt Regulation 87, the framework for Colorado’s state-run dredge-and-fill permitting program.
“Colorado’s wetlands and seasonal streams are essential to our water supply, wildlife habitat, and way of life,” said Jill Hunsaker Ryan, executive director of the Colorado Department of Public Health and Environment. “Regulation 87 reflects a balanced approach that protects these resources while giving builders and communities the certainty they need.”
“These vital waters were at risk after federal protections were rolled back,” said Nicole Rowan, director of CDPHE’s Water Quality Control Division. “We appreciate the collaboration among the rulemaking parties and the thoughtful public participation that helped shape this program.”
The hearing followed a year-long stakeholder process involving 48 meetings with approximately 1,500 participants– including agricultural groups, water users, conservation organizations, local governments, industry representatives, and community members. Over the past year, these partners provided technical input, shared on-the-ground experience, and helped refine a program that balances strong environmental protection with practical implementation.
The decision marks a key milestone in implementing House Bill 24-1379 — the first-in-the-nation legislation passed in 2024 to restore water protections weakened by the U.S. Supreme Court’s Sackett decision. The new program will give Colorado both stronger environmental safeguards and a clear, predictable permitting system for landowners and businesses.
To build a complete, workable statewide program, the commission’s action includes several foundational components of Colorado’s new dredge-and-fill system:
- Simple, clear permit options. Regulation 87 creates two types of permits – one for larger projects and one for smaller, low-impact activities.
- Why it matters: Applicants can choose the right level of review for their project, which makes the process faster and easier to navigate.
- Rules that require avoiding and minimizing impacts before mitigation. Applicants must first look for ways to avoid disturbing wetlands or streams and then reduce impacts as much as possible before turning to mitigation.
- Why it matters: This protects wetlands and streams upfront, rather than relying only on restoring them after damage occurs.
- Statewide protections for seasonal/temporary flow streams. These streams lost federal protection after the Sackett decision, but Colorado’s rule ensures they are still covered.
- Why it matters: These streams feed rivers, support wildlife, and help maintain water supply – and they need consistent protection across the state.
- Clear timelines for reviewing permits. Regulation 87 sets expectations for how long permit reviews will take.
- Why it matters: Predictable timelines help farmers, builders, and local governments plan their work and avoid costly delays.
- Clearer rules for wetlands close to irrigation ditches. The commission acted to create simple definitions for when a wetland is considered “adjacent to” or “supported by” a ditch or canal.
- Why it matters: This gives landowners, farmers, and project planners clarity about which wetlands are covered, reducing confusion and helping projects move forward smoothly.
- Stronger protection for wetlands and streams through clearer mitigation requirements. Rules ensure that wetlands and seasonal streams are restored or replaced in a meaningful, science-based way.
- Why it matters: Colorado’s water resources stay healthy and resilient, even as development continues.
- No “public interest” test added to the program. The commission chose not to include a broad public-interest test, which would have required the state to weigh wide-ranging factors — like economic, safety, and floodplain impacts — when deciding on permits.
- Why it matters: Removing this open-ended requirement keeps the program transparent and predictable, so applicants know exactly which standards they must meet.
- Decontamination rules to stop invasive species from spreading. Equipment used at project sites must be cleaned before entering and after leaving to prevent the spread of invasive species. For example, tiny mudsnails can attach to equipment and quickly take over waterways.
- Why it matters: Preventing the spread of invasive species protects water quality, fish habitats, and the health of Colorado’s streams and wetlands.
Next steps:
The department will document the rationale for the commission’s decisions. Final action on Regulation 87 is expected at the commission’s February 2026 meeting, after which Colorado will formally launch its state dredge-and-fill permitting program.
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