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

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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. You can learn more about the division's implementation efforts here. 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.