SB24-127 Summary

• Creates the Stream and Wetlands Protection Commission in the Department of Natural Resources to develop and maintain a dredge-and-fill permit program regulating discharge of dredged or fill material into state waters in response to the May 2023 Sackett v. EPA Supreme Court decision that narrowed federal Clean Water Act jurisdiction.

• Establishes the Stream and Wetlands Protection Division within the Department of Natural Resources to administer and enforce the permit program, with authority to issue general permits, preconstruction notifications, and individual permits.

• Requires the Commission to promulgate rules as expeditiously as prudent and feasible that incorporate federal nationwide and general permits as of May 24, 2023, and all subsequent applicable permits issued by the U.S. Army Corps of Engineers.

• Prohibits the water quality control division from taking enforcement action against dredge-and-fill activities conducted in compliance with federal Section 404 permit requirements until the Stream and Wetlands Protection Division implements its rules.

• Sets civil penalties of up to $10,000 per day per violation for non-compliance, and directs the state treasurer to transfer $600,000 from the severance tax operational fund to the capital construction fund on July 1, 2024, for implementation.