Wireless Bureau Warns Tower Builders of Change in Permitting Rules
The FCC Wireless Bureau notified tower builders about a recent change in the definition of the “waters of the United States” (WOTUS) provision of the Clean Water Act that could affect all towers requiring CWA permits. In August, the U.S.…
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District Court for the District of Arizona vacated the navigable waters protection rule (NWPR) and remanded it to the U.S. Army Corps of Engineers and Environmental Protection Agency, said a Tuesday notice. Both agencies halted application of the NWPR in early September and have been interpreting the WOTUS provision consistent with the pre-2015 WOTUS regulatory regime, the bureau said. “The Corps has announced that it does not intend to reconsider permit decisions that relied on the NWPR before the Court’s vacatur,” the bureau said: “While previously granted permits thus remain valid, tower builders should be aware that the Corps will not rely on a NWPR [approved jurisdictional determination] in evaluating pending or future permit requests.” The notice advised tower builders to contact the Corps “to ascertain the potential implications of the revised WOTUS definition on permitting and environmental compliance obligations for their proposed facility.”