Gipson urges MDEQ to reject updated “Waters of the State” regulations

• The Agriculture and Commerce Commissioner said he became aware of the issue in early 2026 after talking to Mississippi landowners, economic developers and others in the construction industry.

Agriculture and Commerce Commissioner Andy Gipson (R) is urging the Mississippi Department of Environmental Quality (MDEQ) to reject regulations the agency has been in process of developing for the State Water Alteration Program (SWAP).

MDEQ is proposing updated and revised “Waters of the State” regulations that would extend state environmental regulatory reach to include “permanent, intermittent, or ephemeral” water streams, drainage areas, and ditches.

Gipson said Tuesday the proposed state regulations are similar to those previously attempted by the U.S. Environmental Protection Agency (EPA) under its years-long “Waters of the United States” (WOTUS) Clean Water Act rules that were struck down by the U.S. Supreme Court in the 2023 Sackett decision.

The 9-0 Sackett ruling held that the Clean Water Act extends only to wetlands that have a continuous surface connection with “waters” of the United States.

“At a time when Mississippi landowners, farmers and ranchers have been celebrating the rollback of federal EPA WOTUS rules since the Sackett decision, it was surprising to me that our state DEQ regulators in Mississippi are proposing extensive new land and water use regulations under a Waters of the State style SWAP program,” said Gipson.

The commissioner said he became aware of the issue in early 2026 after talking to Mississippi landowners, economic developers and others in the construction industry.

“I was compelled to weigh in on the side of less regulations and more landowner rights,” Gipson said.

He sent his remarks to MDEQ last week before the close of the agency’s comment period on the proposed updated regulations. MDEQ held four listening sessions across the state in February 2026. The original comment period was to end April 6, but MDEQ extended the time to October 5 to allow “additional time for thoughtful consideration and feedback.”

The proposed change as offered by MDEQ is shown below.

Commissioner Gipson said surrounding states have not attempted to impose new state regulations while states like Tennessee have voted to rollback similar state regulations following the Sackett decision.

“I believe Mississippi should take the approach of less regulation, not more, so that Mississippi doesn’t find ourselves at a competitive disadvantage, either in terms of economic development or regulatory structure, compared to our surrounding states,” Gipson argued. “Mississippi landowners deserve more freedom, not less.”