Colorado’s Water Quality Control Commission has unanimously approved Regulation 87, establishing the state’s framework for a dredge-and-fill permitting program. The decision comes after federal protections for wetlands and seasonal streams were reduced, prompting Colorado to create its own regulatory system.
Jill Hunsaker Ryan, executive director of the Colorado Department of Public Health and Environment, 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 new regulation follows extensive stakeholder engagement over the past year. The process included 48 meetings with around 1,500 participants from agricultural groups, water users, conservation organizations, local governments, industry representatives, and community members who provided input on technical details and implementation.
Regulation 87 is part of Colorado’s response to House Bill 24-1379. Passed in 2024 following changes in federal law due to the U.S. Supreme Court’s Sackett decision, this legislation aims to restore state-level water protections. The program is designed to provide both environmental safeguards and a predictable permitting process for landowners and businesses.
Key features of Regulation 87 include two types of permits—one for larger projects and another for smaller activities—to streamline review processes. Applicants must first avoid or minimize impacts on wetlands or streams before considering mitigation measures. Seasonal or temporary flow streams that lost federal protection will now be covered under state rules.
The regulation sets clear timelines for permit reviews to help applicants plan their projects efficiently. It also introduces clearer definitions regarding wetlands near irrigation ditches to reduce confusion about coverage requirements.
Mitigation standards have been strengthened so that any restoration or replacement of wetlands is based on scientific criteria. Notably, the commission decided not to add a broad “public interest” test to permit decisions in order to keep standards transparent.
Additionally, decontamination rules will require cleaning equipment used at project sites before entering or leaving an area to prevent invasive species from spreading into waterways.
The department will next document its rationale behind these decisions ahead of final action on Regulation 87 at the commission’s February 2026 meeting when Colorado expects to formally launch its state-run dredge-and-fill permitting program.
