Important Updates – MDEQ Waters of the State Regulations

5/12/2025

MDEQ completed the public notice and hearing for the proposed State Water Alteration Program (SWAP) regulations on April 17th, 2025. Based on comments received during the public notice period, MDEQ will not finalize the regulations as proposed. MDEQ will further develop regulations to address impacts to Waters of the State, including regulations for delineation, mitigation, and permitting. MDEQ anticipates proposing updated regulations in the late fall of 2025 with an additional opportunity for public comment.

MDEQ continues to encourage engagement in the process. Please send recommendations and suggestions to MDEQ at WOTS@mdeq.ms.gov.

Public Notice for State Water Alteration Program (SWAP) Regulations

1/3/2025

MDEQ is proposing regulations to provide clarity and consistency to the existing definition of waters of the State and to establish the State Water Alteration Program (SWAP), which will include exemptions and conditional exemptions for activities that could affect waters of the State (i.e., agricultural and silviculture activities; ditch maintenance activities; ditch reshaping activities; activities addressed under a Section 401 Water Quality Certification; emergency response operations; Linear Transportation Activities; Utility Line Activities; and Residential, Commercial, and Institutional Development Activities).

Any interested party may submit comments regarding these proposed regulations by submitting the comments in writing to the Mississippi Department of Environmental Quality, Attention: Waters of the State, MDEQ, P.O. Box 2261, Jackson, MS 39225. In order to be considered, written comments should be delivered to the Department of Environmental Quality by the end of business on April 17, 2025.

Notice of Public Hearing

 A public hearing regarding the proposed regulations will be conducted on Thursday, April 17, 2025, at 1:00 p.m. in the Commission Hearing Room of the Department of Environmental Quality, 515 East Amite Street, Jackson, Mississippi, 39201. The public is invited to attend and ask questions to gain information regarding the proposed regulations and/or to present verbal or written comments on the proposed regulations. 

MDEQ will be livestreaming the public hearing. The ability to ask questions and submit comments during the event will be limited to in-person attendees. To register for the livestream, please visit https://us06web.zoom.us/meeting/register/QLPI3S2vQB2xckkpW3J4bw#/registration.