GNDC Brings North Dakota’s Business Voice to the First-in-the-Nation WOTUS Listening Session

This week, GNDC took part in a nationally significant conversation on water policy and economic growth.

At the invitation of U.S. Senator Kevin Cramer, GNDC VP of Government Affairs, Andrea Pfennig spoke at the first-in-the-nation Waters of the United States (WOTUS) listening session, hosted at Bismarck State College with EPA Assistant Administrator for Water Jess Kramer. This session marked the first of only two listening sessions being held nationwide as the EPA considers updates to the WOTUS rule.

WHY THIS MATTERS TO BUSINESS
WOTUS definitions directly affect how projects move forward in agriculture, energy, construction, manufacturing, and infrastructure. For North Dakota businesses, uncertainty in federal permitting doesn’t just slow progress—it can derail entire projects due to short construction seasons and unpredictable compliance costs.

GNDC’s message was clear: predictability matters.

After years of shifting interpretations, businesses are seeking a regulatory framework they can understand, plan around, and trust. The proposed WOTUS rule moves in that direction by aligning federal jurisdiction with the U.S. Supreme Court’s Sackett v. EPA decision and restoring clearer boundaries between federal and state authority.

GNDC’s KEY POINTS TO THE EPA
Representing businesses of all sizes across the state, GNDC emphasized several priorities:

• Regulatory clarity and certainty that allows businesses to plan, secure financing, and stay on schedule
• Reduced permitting delays and compliance risk, especially critical in North Dakota’s limited construction window
• Clear exclusions for ditches, prior converted cropland, and routine features so everyday operations are not unexpectedly pulled into federal permitting
• Respect for state and local expertise, recognizing that North Dakota’s landscape and water systems are unique
• Support for general permits and consistent guidance, particularly around the “relatively permanent” standard and wet-season definitions

The bottom line: when rules are clear and consistently applied, businesses invest, build, and innovate.
That’s why GNDC was at the table—to ensure the business community’s real-world experience informs a rule that will shape investment decisions for years to come.

ALIGNMENT WITH LEADERSHIP
U.S. Senator John Hoeven emphasized the national importance of restoring a WOTUS framework that provides regulatory certainty and respects state authority, aligning with Governor Kelly Armstrong and members of his cabinet who have called for a clear, common-sense approach that protects private property rights and supports North Dakota’s economy.

North Dakota has been at the forefront of pushing back against federal overreach on WOTUS. GNDC wants to ensure business voices are being heard.