EPA and the Army Corps have released a new proposed rule defining “waters of the United States” in response to the Supreme Court’s Sackett v. EPA decision. The rule was officially published in the Federal Register on Nov. 20, 2025, and the agencies are now accepting public comments.

This proposal begins to align the federal definition of WOTUS with the clarity that the Supreme Court required. It provides meaning to key terms like “relatively permanent” and “continuous surface connection,” which dictate the scope of the federal government’s jurisdictional reach under WOTUS. These changes matter. Farmers and ranchers need a clear, workable rule that protects clean water and respects private property and state authority.

We need your help: EPA and the Corps will only take comments for 45 days, and it is important that farmers and ranchers are heard. Sharing your story and asking the agencies to finalize a clear and durable rule will make a difference.

Take action: Use the link below to submit your comment. A draft comment is provided on the action page, and you can personalize it if you choose.

Deadline: Comments must be submitted by Jan. 5, 2026.

Thank you for speaking up and helping ensure these agencies adopt a rule that provides the clarity you need to protect your land and water.

Growing Land Use and Ag Law Programs in Virginia

By: Jen S. Friedel, Director, Land Use-Value Assessment Program, Associate Professor of Practice, AAEC

This summer was a season of growth and opportunity for Virginia’s Land Use-Value Assessment (LUVA) program and an emerging ag law program in AAEC. LUVA will be undertaking the development of use-value estimates for open space in the Commonwealth in addition the continuing its work on agricultural and horticultural land use-values. LUVA will welcome a new postdoc to assist with its expanding research with expertise in natural resources, conservation, and non-market valuation of local open-space amenities. This growth will expand LUVA’s outreach capabilities and expertise. As the demand for expertise in land use rapidly increases across the Commonwealth from legal, policy, and practical perspectives, so goes the need for ag law programming for producers and professionals alike.

This October, VCE is sponsoring the Mid-Atlantic Regional Ag & Resource Law Conference in Shepherdstown, WV hosted in conjunction with universities across the region at which developments in land use issues such as solar siting, farmland loss, heirs’ property, conservation easements, and more will be covered by legal experts from across the mid-Atlantic and southeast. Virginia Tech’s Southwest Center has expressed interest in hosting similar programming, incorporating underground resource issues in the heart of Virginia’s wealth of mineral resources. Virginia’ s Department of Forestry, which currently houses Virginia’s Farm Link program, is hosting a conversation this fall about the future of the program and its administration. Fitting right into the ag law niche of heirs’ property and succession planning, VCE and AAEC’s ag law program will be joining the conversation about the future of this program.  Recent presentation requests on agrivoltaics; collaboration inquiries from Virginia Mountain Lawyer’s Alliance; Virginia Tech’s Southwest Center, the Department of Forestry, and other land grant universities; legal publication requests for leasing, mineral ownership, and succession planning; and endless collaborative opportunities with organizations grasping with emerging land use issues demonstrate the growing need for a centralized hub of expertise, programming, and collaboration. VCE initiatives such as Innovative Leadership and Strengthening Your Facilitation Skills can support localities grappling with land use and complex issues affecting the societal fabric of communities will also complement this programming.

The LUVA program, AAEC’s ag law program, and VCE’s specialists and agents addressing critical land use issues are well positioned to provide the leadership and organization to address this critical need in a centralized hub of expertise. As Director of LUVA, a farmer, and attorney with a master’s in environmental law and policy with a concentration in land use law, I have a vision to create a unique program to meet the increasing needs of producers, landowners, policy makers, and legal expertise in land use. While the development of a centralized hub and collaborative space for land use expertise is very much in its infancy, I look forward to engaging with VCE specialists and agents, stakeholders, local governments, and producers and landowners to carefully outline the needs, scope, and goals of this developing program. I welcome your input, your insights, and your own visions for serving and addressing critical land use needs across the Commonwealth through this short survey.

By Katelyn Jordan, Assistant Director, Governmental Relations for the Virginia Farm Bureau

Local governments hold the key to farmland preservation. Through thoughtful land-use planning, zoning, and community engagement, our local leaders can safeguard the Commonwealth’s agricultural lands and reverse the concerning trend of rapid loss of farmland. We must empower our local leaders to act now – because protecting farmland starts at home.

The very real pressures of urban sprawl, population growth, deployment of renewable energy and development have had a direct impact on Virginia farms. Virginia’s farms are down 18% in 20 years—and over a third of a million acres of farmland have been converted due to development. If trends continue, the Commonwealth could lose another 800,000 acres by 2040.

While the forces driving this change may feel unstoppable, the reality is, we have choices.

Smart local land use planning can make all the difference. That’s why I’m proud to have contributed to the Planning for Agriculture in Virginia Toolkit, a new resource created by American Farmland Trust and partners to help counties, cities, and towns envision and prepare for a future where local farms can thrive.

Virginia Farm Bureau Federation (VFBF) is proud to partner with American Farmland Trust to ensure that the story of the backbone of Virginia’s economy is shared with local leaders. The reality is that many folks don’t know where their food comes from, or the hard work that went into getting it onto their plates. Educating community members on the importance of agriculture as well as the tools that are needed to ensure the industry’s vitality are critical.

This isn’t just about preservation. If you care about open space, food security or rural livelihoods, this matters. Virginia’s largest private industry, agriculture, is the cornerstone of the state and local economies. Among the nation’s most diverse farming sectors, it has a total economic impact of over $80 billion a year. If farmland is paved over, we don’t get it back. But with tools like use-value assessment, agricultural and forestal districts, and purchase of development rights (PDR) programs, we can chart a different course.

The Toolkit outlines these policies and shows how they’ve worked in Virginia. It’s full of fact sheets, resources and success stories, grounded in real-life applications.

We have the tools, let’s put them to work – for Virginia.

Visit the Planning for Agriculture in Virginia Toolkit here: farmlandinfo.org/planning-for-agriculture-in-virginia