Public commenter warns that proposed WOTUS rule could shrink wetlands jurisdiction and reduce mitigation demand

At the end of the commission’s Jan. 13 meeting, a public commenter identified as Kelly Hacar (Baton Rouge, listed in the packet as with 'Ryperian') offered a warning about pending federal rulemaking on Waters of the United States (WOTUS).

Hacar said the Army Corps’ proposed rules following the Supreme Court’s Sackett decisions are designed to narrow what the federal government treats as jurisdictional wetlands. He argued that narrowing jurisdiction would reduce the need for permits and therefore shrink demand for mitigation-bank credits, potentially putting some mitigation banks at risk of going out of business. "The need for permits is going to shrink quite a bit... Some of the mitigation banks... are undoubtedly gonna go out of business from lack of customers," Hacar said. He added he expects litigation over the rule and offered to share his comments with ARBC staff.

The commission did not take formal action in response to the public comment; the chair thanked the speaker and closed the agenda.