Laws and Ploicies

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Wetlands are protected under Section 404 and 401 of the federal . This act is primarily enforced by the U.S. Army Corp of . A policy that protects wetlands on many farms is the Swampbuster provision of the 1985 Bill, which withholds farm program benefits if a farmer drains, dredges, or otherwise manipulates a wetland to make production possible. In 2001 the Supreme Court ruled that the Army Corps of Engineers does not have jurisdictional authority to enforce wetland regulations on wetlands that are not associated with navigable . If wetlands are filled for development they have to be replaced through mitigation. Wetland mitigation is the enhancement, restoration, or creation (or in limited instances the preservation) of wetlands prior to the proposed destruction of a wetland.