Wetlands in the White Oak River Basin

Wetlands are one of the defining features of the White Oak River Basin. They occur as salt and brackish marshes, riverine swamp forests, pocosins, freshwater marshes, basin and depression wetlands, pine wetlands, and other coastal wetland communities. They support water quality, fisheries, flood resilience, wildlife, recreation, and the coastal economy.

Wetlands are also at the center of an important legal question: which wetlands and other waters are covered by the federal Clean Water Act? That legal definition—“waters of the United States,” or WOTUS—has changed substantially since the U.S. Supreme Court’s 2023 Sackett v. EPA decision, and federal agencies are considering another update in 2026.

Important distinction: a mapped or ecologically functioning wetland is not automatically a federally jurisdictional WOTUS. Federal jurisdiction is a legal, site-specific determination. National Wetlands Inventory and other maps are useful planning and education tools, but they do not replace a U.S. Army Corps of Engineers jurisdictional determination.

White Oak Basin wetlands at a glance

Wetlands across the coastal landscape

National Wetlands Inventory context map, credited by CCRW to the Carolina Wetlands Association. This is a planning and education map, not a WOTUS jurisdiction map.
Explore CCRW’s White Oak River Basin map.

Wetland types found in the White Oak River Basin

North Carolina DEQ describes the basin as having diverse wetland habitats. Estuarine wetlands include saltwater and brackish marshes and mudflats along bays, inlets, and barrier islands. Riverine swamp forests occur along the White Oak, New, and Newport rivers and their tributaries. Large pocosin wetlands occur in and around Croatan National Forest and between the New and White Oak drainage systems. Smaller basin wetlands also occur in non-riparian areas.

• Pocosins — shrub-dominated wetlands with deep organic soils, especially important in the Coastal Plain.
• Riverine swamp forests — forested wetlands associated with rivers, creeks, and floodplains.
• Freshwater marshes and tidal freshwater marshes — herbaceous wetlands influenced by freshwater and, in some locations, tides.
• Salt and brackish marshes — estuarine wetlands that fringe sounds, bays, creeks, and shorelines.
• Basin and depression wetlands — low, ponded wetlands that may not have an obvious surface-water connection year-round.
• Pine and forested wetlands — wet pine flats and other forested systems adapted to saturated soils.

Why wetlands matter

Learn more from NCDEQ about coastal wetland functions.

Wetlands and WOTUS: what changed after Sackett v. EPA?

The Clean Water Act applies to “navigable waters,” defined by Congress as “waters of the United States.” In May 2023, the U.S. Supreme Court decided Sackett v. EPA and rejected the “significant nexus” test that had previously been used to evaluate some wetlands and other waters.

The Court said the Clean Water Act covers relatively permanent bodies of water such as streams, oceans, rivers, and lakes, and wetlands that have a continuous surface connection to covered waters such that there is no clear demarcation between the water and wetland. EPA and the Army amended the 2023 WOTUS rule to conform to the decision; that conforming rule became effective September 8, 2023.

EPA: Current implementation of WOTUS
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Read the Supreme Court decision

2026 federal update: supplemental WOTUS proposal

EPA and the Department of the Army proposed another update to the WOTUS definition in November 2025. On September 9, 2026, the agencies published a Supplemental Notice of Proposed Rulemaking that adds alternatives for several key terms, including “relatively permanent,” “continuous surface connection,” and a proposed definition of “perennial.”

The 2026 supplemental proposal is not yet final law. The public comment period closes October 9, 2026. Until a new final rule takes effect, EPA and the Army continue to implement the current regulatory framework, including the 2023 rule as amended after Sackett in jurisdictions where that rule is operative.

EPA 2026 WOTUS proposal and supporting materials
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Federal Register notice
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Rule status and litigation

Why the federal definition matters even more in North Carolina

North Carolina Session Law 2023-63 changed the state’s wetlands framework by directing that wetlands classified as “waters of the State” be restricted to wetlands that are also WOTUS under federal law. The law also excludes prior converted cropland from the state wetland definition.

NCDEQ states that, since the 2023 law was ratified, a state permit is no longer required for impacts to isolated or other non-jurisdictional wetlands. NCDEQ recommends that project proponents obtain confirmation of federal jurisdiction from the U.S. Army Corps of Engineers before impacting wetlands. Isolated streams remain subject to North Carolina permitting requirements.

The Environmental Management Commission has completed the state rulemaking needed to add the statutory language to North Carolina’s wetland definition. NCDEQ’s current rulemaking page states that the next step is submission of the updated rule to EPA for Clean Water Act approval.

North Carolina Session Law 2023-63
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NCDEQ 401 & Buffer Permitting FAQ
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NCDEQ wetlands-definition rulemaking status

What this can mean in the White Oak River Basin

The practical effect of a WOTUS change is not the same on every property or every waterbody. It depends on hydrology, the type and location of the aquatic feature, project design, and other federal, state, and local requirements. In the White Oak River Basin, the issue intersects several important local systems:

• Development and housing: federal jurisdiction can determine whether certain wetland or stream impacts require Section 404 review, avoidance, minimization, and compensatory mitigation.
• Roads, utilities, drainage, and public works: crossings, fill, culverts, utility extensions, and drainage projects may interact with federal and state water permitting.
• Flooding and stormwater: loss or alteration of wetlands can change water storage, runoff, and downstream drainage conditions.
• Shellfish, fisheries, and recreation: wetlands and headwaters influence sediment, nutrients, bacteria, salinity, and water quality reaching estuarine waters.
• Agriculture and forestry: ditches, drainage features, prior converted cropland, wetlands, forest roads, and stream crossings can be treated differently under Clean Water Act rules and exemptions.
• Local government and taxpayers: a reduction in private permitting or mitigation costs can coexist with longer-term public costs if wetland functions such as flood storage or water-quality filtration are lost. These trade-offs require site-specific analysis and should not be reduced to a single basinwide dollar figure without additional data.

A local example: Theodore Roosevelt Natural Area

The Theodore Roosevelt Natural Area in Pine Knoll Shores contains maritime forest and wetland habitats. North Carolina’s White Oak River Basin classification rules identify the Theodore Roosevelt Maritime Swamp Forest as Class WL UWL (Unique Wetland).

UWL and ORW are North Carolina supplemental classifications applied to specific wetlands or surface waters. They are distinct from federal WOTUS jurisdiction, which is determined under the Clean Water Act.

Related federal policy to watch: the Roadless Rule and Croatan National Forest

WOTUS and the Roadless Rule are different policies, but both are relevant to the wetland-rich Croatan landscape. The U.S. Forest Service’s official 2001 inventory identifies six roadless areas in Croatan National Forest totaling 20,743.51 acres: Catfish Lake North, Catfish Lake South-A, Catfish Lake South-B, Pocosin Addition, Pond Pine B, and Sheep Ridge Addition.

USDA proposed rescinding the 2001 Roadless Area Conservation Rule in August 2026. The proposal is not final, and the 2001 rule remains in effect while the rulemaking is pending. If finalized, rescission would remove the national rule but would not itself authorize a road, timber harvest, or other ground-disturbing project; future actions would still be governed by applicable forest plans, NEPA, and other project-level laws and review. The public comment period closes October 6, 2026.

Roadless Rule proposed rescission
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Comment-period extension
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Forest Service roadless acreage inventory

CCRW research and education

Coastal Carolina Riverwatch is continuing to examine how wetland policy changes intersect with real places in the White Oak River Basin. Our next layer of work is to connect wetland and stream data with jurisdictional determinations, permits, development and infrastructure projects, shellfish waters, flood risk, public assets, and communities.

Public participation in the 2026 rulemakings

Two federal comment periods are currently open. The Roadless Rule proposal comment period closes October 6, 2026, and the WOTUS supplemental proposal comment period closes October 9, 2026. These dates were verified against the Federal Register and EPA on September 22, 2026.

Useful comments identify the specific provision being discussed, explain the local experience or evidence that informs the comment, address trade-offs, and describe any clarification or alternative the commenter wants the agency to consider.

Support basin-specific research and advocacy

CCRW’s work turns statewide and federal policy changes into information that coastal communities can use. Donations support water-quality monitoring, independent research, policy analysis, public education, community engagement, and advocacy rooted in the White Oak River Basin.

Your support helps us continue building the local data needed to understand how changes in wetland jurisdiction, development, public infrastructure, land use, and coastal policy affect the waters and communities we serve.

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Key sources and additional information

• NCDEQ: White Oak River Basin Overview & Characteristics (2021)
• NCDEQ: Wetlands
• NCDEQ Division of Marine Fisheries: Coastal Habitat Type — Wetlands
• EPA: Current Implementation of WOTUS
• EPA: 2025/2026 Updated Definition of WOTUS rulemaking
• North Carolina Session Law 2023-63
• NCDEQ: 401 & Buffer Permitting FAQ
• USDA Forest Service: Proposed Roadless Rule rescission

This webpage is intended for public education and does not provide legal or site-specific jurisdictional advice. For a specific property or project, contact the U.S. Army Corps of Engineers, EPA, NCDEQ, and other applicable permitting authorities.