Colorado’s Water Quality Control Commission has unanimously approved Regulation 87, a new framework designed to protect wetlands and seasonal streams across the state. The regulation establishes Colorado’s own dredge-and-fill permitting program, following the rollback of federal protections after the U.S. Supreme Court’s Sackett decision.
Jill Hunsaker Ryan, executive director of the Colorado Department of Public Health and Environment (CDPHE), stated: “Colorado’s wetlands and seasonal streams are essential to our water supply, wildlife habitat, and way of life. Regulation 87 reflects a balanced approach that protects these resources while giving builders and communities the certainty they need.”
Nicole Rowan, director of CDPHE’s Water Quality Control Division, added: “These vital waters were at risk after federal protections were rolled back. We appreciate the collaboration among the rulemaking parties and the thoughtful public participation that helped shape this program.”
The commission’s decision comes after an extensive year-long stakeholder process involving about 1,500 participants from agricultural groups, conservation organizations, local governments, industry representatives, and community members. This collaborative effort contributed technical input and practical experience to refine a regulatory approach that balances environmental protection with implementation needs.
Regulation 87 is part of Colorado’s response to House Bill 24-1379—legislation passed in 2024 to restore waterway protections affected by recent federal legal changes. The new system offers two types of permits tailored for different project sizes; sets requirements for avoiding or minimizing impacts before mitigation; extends statewide protection to streams with temporary or seasonal flows; provides clear timelines for permit reviews; clarifies rules for wetlands near irrigation ditches; strengthens restoration standards; omits a broad public interest test in favor of predictable criteria; and includes decontamination protocols aimed at preventing invasive species spread.
Final approval on Regulation 87 is expected in February 2026. Once adopted, Colorado will formally implement its state-run dredge-and-fill permitting program.
