Colorado’s Water Quality Control Commission has unanimously approved Regulation 87, establishing the framework for a state-run dredge-and-fill permitting program. The regulation is designed to protect wetlands and seasonal streams in Colorado while providing a predictable process for construction, agriculture, and infrastructure projects.
Jill Hunsaker Ryan, executive director of the Colorado Department of Public Health and Environment (CDPHE), said, “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 adoption follows an extensive stakeholder process over the past year involving 48 meetings with around 1,500 participants from agricultural groups, conservation organizations, local governments, industry representatives, water users, and community members. These stakeholders contributed technical expertise and practical input to refine a program intended to balance environmental protection with effective implementation.
Regulation 87 supports House Bill 24-1379 — legislation passed in 2024 in response to weakened federal protections following the U.S. Supreme Court’s Sackett decision. The new law positions Colorado as the first state to restore such protections at this scale.
Key components of Regulation 87 include two types of permits tailored for larger projects or smaller activities; requirements for applicants to avoid or minimize impacts before considering mitigation; statewide protection for seasonal streams that lost federal coverage; clear permit review timelines; straightforward definitions regarding wetlands near irrigation ditches; stronger mitigation rules ensuring restoration or replacement of affected wetlands; no inclusion of a broad public interest test; and mandatory decontamination procedures for equipment used at project sites to prevent invasive species spread.
Final approval on Regulation 87 is expected during the commission’s February 2026 meeting. Upon completion of documentation supporting its decisions, Colorado will formally implement its dredge-and-fill permitting system.
