Colorado launches first state wetlands permit program post-Sackett decision, effective Feb 2026.

Colorado has become the first state to launch a comprehensive permitting program for wetlands and streams no longer protected by federal law after the Supreme Court’s Sackett decision. The new rules, finalized by the Colorado Water Quality Control Commission, require permits for activities like ditching or filling wetlands, aiming to protect water quality, drinking water, wildlife, and recreation. The program, approved unanimously after 48 public meetings, excludes a public interest review but balances environmental and industry concerns. It takes effect in February, as the EPA proposes further federal protections rollbacks. New Mexico has passed similar legislation, with rulemaking planned for next year.