LandOwner Newsletter Vol 37 Issue 9 May 12, 2016
Texas Real Estate Attorney Hammers WOTUS Reg
A court stay is the only wall standing between landowner property rights and a federal takeover of most of the nation’s land, says Judon Fambrough, an attorney with the Teal Estate Center at Texas A & M University. The result of the waters of the U.S. (WOTUS) regulation enacted by the Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) means “the Clean Water Act’s jurisdiction now extends well beyond the navigable waters of the U.S. to practically all waters if implemented,” says Fambrough.
“If implemented, it would freeze all land use in place at the time of the implementation. That means if you want to make any sort of change in the way you use your land, you will need to file for a permit with the EPA and Corps, which is estimated to take up to three years and cost $250,000 to obtain,” he explains. “If you don’t obtain a permit, you are subject to a fine of $37,500 per day until land is returned to its original use.” READ article