The Colorado Water Quality Control Commission approved Regulation 87, establishing a new state-level dredge and fill permitting program for projects throughout Colorado. This change introduces new permitting requirements that project teams must account for, especially as projects move from design into construction.
For many project teams, the immediate challenge is understanding the new rule and how it applies to projects already in design or nearing construction. Teams must now consider both federal and state jurisdictions, as waters no longer covered by federal regulations may fall under state oversight.
What General Authorizations Mean for Projects
Colorado’s dredge and fill program entered a new phase on Sept. 1, 2026, with General Authorizations replacing the interim Temporary Authorization process. These authorizations establish requirements for specific categories of activities and generally align with federal Nationwide and Regional General Permits, with provisions tailored to Colorado. Project teams should evaluate whether proposed work qualifies under an applicable General Authorization, what notification or application requirements apply, and whether mitigation is required.
Reviewing these requirements early can help teams account for state authorization in project schedules and budgets.
What to Expect as the Program Rolls Out
Implementation of the program is being led by the Colorado Department of Public Health and Environment (CDPHE) and continues to occur in phases as the state refines guidance and implementation procedures. The General Authorizations are largely based on conditions similar to federal Nationwide Permits, providing continuity for teams familiar with federal permitting processes.
As teams navigate these requirements, they should be prepared for:
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Additional coordination with the state.
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New or evolving documentation expectations.
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Fees associated with state authorization.
Common Challenges and Practical Takeaways
Across projects, a consistent set of questions continues to emerge, including:
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If it’s not federally jurisdictional, is a permit still required?
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If an impact is temporary, does it still trigger state authorization?
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How should state impacts and mitigation be handled when the U.S. Army Corps of Engineers has issued a Nationwide Permit verification without a jurisdictional determination?
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Does the project qualify for a General Authorization, and what conditions apply?
- When does mitigation come into play?
These are valid considerations, and in many cases the answers depend on project-specific conditions. However, a consistent theme is that early evaluation and coordination help reduce downstream risk and schedule impacts.
One practical takeaway from CDPHE’s recent wetlands training concerns the authorization fee. The fee is tied to the duration of dredge and fill activity, rather than the overall construction project. Once that activity is complete, permittees may submit a Certification of Project Completion to end the fee, even if other construction work continues.
Below is a list of key takeaways to help guide planning and coordination as requirements continue to evolve:
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Do not assume lack of federal jurisdiction means no permitting is required.
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Evaluate state requirements at the outset of project planning.
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Build time into project schedules for coordination with the state.
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Consider mitigation options early. This is especially important for projects with unavoidable permanent impacts, as established mitigation banks, such as the Park Creek Station Wetland Mitigation Bank, may provide a more predictable path while the state program continues to evolve.
Looking Ahead
As Colorado implements Regulation 87, the federal definition of “waters of the United States” remains under review. The U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers are considering proposed revisions that could even further narrow federal jurisdiction. For project planning, it will remain important to determine whether dredge and fill activities fall under federal jurisdiction or Colorado's separate state program.
As General Authorizations are implemented, additional clarification may emerge on how the state evaluates different types of impacts and how authorization requirements affect project timelines. Early coordination with CDPHE can help project teams understand applicable requirements and plan accordingly.
Editor’s note: This post was originally published April 24, 2026, and has been updated for context and accuracy.