WASHINGTON D.C. — Farmers have notched a victory in the ongoing battle over an effort of the federal government to tighten controls on the use of their land. "It’s definitely good news," said Justin Schneider, senior policy advisor and counsel with Indiana Farm Bureau.

The U.S. EPA and the Army Corps of Engineers in late January withdrew the interpretive rule portion of the controversial Waters of the U.S. proposal. Schneider said the action was ordered by Congress, who apparently felt the interpretive rule was too restrictive.

The interpretive rule was enacted last year and its goal was to clarify normal farming activities exempt from permitting under the Clean Water Act. Many in the agricultural community, including the National Corn Growers Assoc., felt it made things more difficult to understand. Schneider believes the interpretive rule was just an attempt by the federal agencies to restrict the number of exemptions. Under the interpretive rule, if all 56 practices outlined by the National Resources Conservation Service (NRCS) were followed in projects involving areas such as drainage, farmers would be exempt from having to get a permit.

He said the NRCS recommendations are so stringent that following them would be costly to farmers, who may, or not, opt to go through the permitting process to avoid such a high expense.

With the rule no longer in place, farmers have returned to the old standard of "normal farming practices" governing drainage work. Schneider said clearing trees from a ditch to restore drainage and putting up a fence in what happens to be a wetland are among the common tasks that can resume without fear of federal intervention, from having the rule taken off the table.

Farmers also don’t have to worry about being sued for doing work they didn’t know required a permit. "At the end of the day it shouldn’t change anything from what the status quo had been," he added.

Presently, the agricultural community is continuing its lobbying effort against the Waters of the U.S. proposal, which could be decided by President Barack Obama before his term is up in January 2017. Right now, federal regulations govern work in waterways that have a direct connection or flow into another body of water, to prevent the spread of any contaminants from sources like storm runoff.

The Waters measure, though, could place more sources of water like roadside ditches under federal control from a more broad definition of what constitutes a connection to another body of water, said Schneider. Some ponds and even areas of standing water in a field could be viewed as connected to another federally regulated waterway under the guidelines being contested by the farm industry.

The order by Congress to withdraw the interpretive rule came after farmers throughout the nation were invited to express concerns to their respective representative and senators.

Schneider said current laws governing waterways need improving, but feels the Waters of the U.S. as now proposed is a bad solution that could be amended further before presented to Congress for a vote.