New Rule Could Change Landscape Regarding Protected Waters 

By: John Bryant, senior director for federal affairs, NAIOP Fall 2014

The question of who has control over our nation’s bodies of water has been debated among landowners, the federal government, and state and local authorities for years. Developers attempting to clarify which bodies of water receive federal protection, which are under the control of the states and which are unregulated have frequently been baffled. On numerous occasions, the U.S. Supreme Court has weighed in, but confusion remains.