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Whether you are interested in
laws restricting wetlands alteration or if you want to know
more about programs to assist with your management goals,
understanding wetland laws and policies is extremely
important for landowners. After reading this section you
should have a better understanding of how wetland management
on your property fits into the current legal framework.
Most
people recognize a picturesque cattail marsh with ducks
swimming through open water areas as a wetland. However, as
outlined in previous sections, many wetlands are not as
obvious or easy to identify. As a reminder, the U.S. Army
Corp of Engineers (USACOE) and the Environmental Protection
Agency (EPA) present the following as the legal definition
for wetlands: “Those areas that are inundated or saturated
by surface or ground water at a frequency and duration
sufficient to support, and that under normal circumstances
do support, a prevalence of vegetation typically adapted for
life in saturated soil conditions.” To be considered a
jurisdictional or legal wetland, an area must have
hydrophytic vegetation, hydric soil, and wetland hydrology.
Wetlands are protected under Section 404 and 401 of the federal
Clean Water Act, which regulates the discharge of dredged or fill
material into the waters of the United States. If an area meets the
technical definition of a wetland it is illegal to fill it in unless
a federal and state permit is obtained. The EPA has the technical
lead for issues dealing with wetlands. However, the USACOE is the
primary agency responsible for enforcing wetland regulations. The
Natural Resources Conservation Service (NRCS) deals with most
wetland issues on farmlands. Moreover, some individual states have
wetland protection laws designed to protect certain types of
wetlands. Be sure to know the laws in your state or contact someone
that does before doing any kind of filling or draining in wetlands.
To
continue, choose from the topics listed on the left.
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