Action Alert: Proposed Rule to Reduce Wetlands Protections in North Carolina

BRIEFING: Proposed Rule to Reduce Wetlands Protections in North Carolina
Prepared by: Coastal Carolina Riverwatch
Date: June 24, 2025

Overview
The North Carolina Division of Water Resources is moving forward with a rule that would significantly weaken protections for wetlands across the state. This rule is being proposed to align with a 2023 state law requiring wetlands protections to match the federal definition of “waters of the United States.” That federal definition was recently narrowed, which now excludes millions of acres of North Carolina wetlands from protection.

A public hearing is scheduled for Thursday, June 26, 2025, from 6:00–9:00 p.m., with both in-person and virtual participation options. Written comments will be accepted through June 30, 2025.

Key Details

• Hearing Date & Time: Thursday, June 26, 2025, 6:00–9:00 p.m.

• In-Person Location: Ground Floor Hearing Room, Archdale Building, 512 N. Salisbury St., Raleigh, NC

• Virtual Access: Webex Meeting
  Link: https://ncgov.webex.com/ncgov/j.php?MTID=mc924957b9d3395883ef8e61c5eda6d54
  Meeting #: 2425 792 4510 | Password: NCDEQ
  Call-in: 415-655-0003, Access Code: 2425 792 4510

• Public Comment:
  In-person registration begins at 5:30 p.m.
  Virtual speakers must register by noon on June 26 at https://forms.office.com/g/ApH3aQwDQg
  Written comments may be sent by June 30 to:
  Sue.Homewood@deq.nc.gov (Subject: “Wetland Definition Amendment”)
  or
  Sue Homewood, Division of Water Resources, 1617 Mail Service Center, Raleigh, NC 27699-1617

Background

• Prior to 2023, North Carolina required permits for development in all wetlands, providing essential protections.

• In 2023, the General Assembly passed a law limiting protections to wetlands that meet the federal “waters of the United States” definition.

• Shortly afterward, the U.S. Supreme Court narrowed that definition in Sackett v. EPA, leaving millions of acres in NC unprotected.

• The new proposed state rule will codify these changes, tying NC protections to the unstable and narrowing federal standard.

Impacts of the Proposed Rule

• Flooding: Reduces protections for wetlands that store floodwater, increasing flood risks across NC.

• Water Quality: Threatens wetlands that naturally filter pollutants and recharge groundwater.

• Fisheries: Jeopardizes aquatic habitat essential to NC’s commercial and recreational fishing industries.

• Wildlife & Tourism: Harms critical habitat for wildlife and undermines nature-based tourism and hunting revenue.

• Insurance Rates: Could increase flood insurance premiums as risks escalate.

• Local Spending: Places more burden on local governments to manage flooding and water quality degradation.

• Economic Instability: Creates regulatory uncertainty by tying state law to a changing federal definition.

• Loss of Control: Cedes NC’s ability to protect wetlands based on local priorities and conditions.

Call to Action

Coastal Carolina Riverwatch urges all community members, environmental professionals, and coastal stakeholders to:

• Attend the hearing and make public comments

• Submit written comments by June 30

• Contact local and state elected officials to share concerns

• Educate others on the value of wetlands to coastal resilience, public health, and the economy

Contact for Questions or Media Inquiries
Lisa Rider, Executive Director

Riley Lewis, Waterkeeper 
Coastal Carolina Riverwatch
waterkeeper@coastalcarolinariverwatch.org

Example Letter:

Sue Homewood
Division of Water Resources
North Carolina Department of Environmental Quality
2090 U.S. Highway 70
Swannanoa, NC 28778
Sue.Homewood@deq.nc.gov

Re: Public Comment on Proposed Amendments to Wetlands Definition in 15A NCAC 02H .1002

Dear Ms. Homewood and Members of the Environmental Management Commission,

My name is Lisa Rider, and I am a native and lifelong resident of coastal North Carolina. I have over 15 years of experience in local government and currently serve as the executive director of a nonprofit whose mission is to protect the quality of water and quality of life in our coastal region. I also serve on the Water Quality and Habitat Advisory Committee, which supports the Marine Fisheries Commission in evaluating science-based policies to sustain marine ecosystems and coastal communities.

I am writing to express deep concern and firm opposition to the proposed rule that would limit North Carolina’s definition of protected wetlands by aligning it with the narrow federal definition recently redefined under the Sackett v. EPA decision.

As someone who has worked at the intersection of environmental policy, community advocacy, and coastal resilience for over two decades, I can say with confidence that this proposed rule change would put coastal communities at greater risk. 

Throughout my professional career and personal life, I have witnessed the direct consequences of filling in and building on wetlands: increased flooding, degraded water quality, and loss of fisheries habitat that supports both our local economy and culture.

From a scientific and planning perspective, we know that wetlands perform essential functions. They reduce flood damage, filter pollutants, and provide nursery habitat for fish and shellfish. These functions are especially critical in coastal North Carolina, where rising seas, more frequent storms, and poorly managed development are already straining our infrastructure and ecosystems. Removing protections from wetlands that do not meet a narrow surface connection test ignores their real and measurable ecological value.

The concerns I hear most often from coastal residents are about overdevelopment, the loss of wetlands and forests, and worsening flooding. These concerns are not hypothetical. In many of our rural and working waterfront communities, stormwater no longer has anywhere to go. 

Marshes have been replaced with pavement. People are dealing with repeated home damage, failing septic systems, and fish kills in creeks where they once swam and fished. 

In our work with Coastal Carolina Riverwatch, we consistently hear that the wetlands that people rely on for flood protection and clean water are being degraded, and the state’s oversight is already limited.

Wetlands are also essential to the health and sustainability of North Carolina’s fishing industry, commercial, recreational, and subsistence. 

These habitats provide spawning and nursery grounds for species such as shrimp, blue crabs, flounder, and red drum. The decline of wetlands directly threatens the productivity of our estuaries and the livelihoods of fishermen, seafood businesses, and communities that depend on these resources.

I respectfully ask that the Commission reject this proposed rule change. North Carolina must maintain its authority to protect wetlands that may no longer qualify as federally protected but remain vital to our communities. 

Aligning solely with federal definitions will leave vast areas of wetland unregulated and vulnerable to destruction at a time when we need them most. 

I urge the EMC and DEQ to maintain or strengthen state-level protections and to support meaningful engagement with the communities most affected.

My request is grounded not just in science and policy, but in values. The wetlands we preserve or allow to be lost today will define the future of life on our coast. Coastal communities cannot afford to lose more natural buffers or critical fish habitat, and our resilience depends on making decisions that serve both people and ecosystems.

I urge you to choose shared responsibility, guided by local knowledge and science, to protect the lands and waters that sustain us. 

Reject this rollback and instead restore North Carolina’s ability to safeguard all wetlands that play a role in protecting our health, economy, and environment.

Thank you for the opportunity to provide these comments and for your service to the people of North Carolina.

Sincerely,
Lisa Rider
Coastal North Carolina Resident and Advocate
Executive Director, Coastal Carolina Riverwatch
Water Quality and Habitat Advisory Committee, Marine Fisheries Commission