Págs. 03 . 02 . 01 . 0 . 1 . 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 . 10 . 11 . 12 . 13 . 14 . 15 . 16 . 17 . 18 . 19 . 20 . 21 . 22 . 23 . 24 . 25 . 26 . 27 . 28 . 29 . 30 . 31 . 32 . 33 . 34 . 35 . 36 . 37 . 38 . 39 . 40 . 41 . 42 . 43 . 44 . 45 . invitacion . ribera . 1 . 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 . index . Humedales LeyesClean Water Act (CWA)The Clean Water Act is a 1977 amendment to the Federal Water Pollution Control Act of 1972, which set the basic structure for regulating discharges of pollutants to waters of the United States. Section 404 - establishes a program to regulate the discharge of dredged and fill material into waters of the United States, including wetlands. . . . . .Overview of Section 404
National Environmental Policy Act of 1969 (NEPA)NEPA is the basic national charter for protection of the environment. It establishes policy, sets goals, and provides means for carrying out the policy.
Rivers & Harbors Appropriation Act of 1899Section 10 - establishes a program to regulate activities affecting navigation in United States waters, including wetlands
Federal Agriculture Improvement and Reform Act of 1996Commonly known as the Farm Bill, the 1996 revisions included modifications to four programs related to the conservation of wetlands on agricultural land.
Endangered Species Act (ESA)The Endangered Species Act provides a program for the conservation of threatened and endangered plants and animals and the habitats in which they are found.
Transportation Equity Act for the 21st Century (TEA-21)Authorizes funding to improve the Nation´s transportation infrastructure, enhance economic growth and protect the environment, including opportunities to improve water quality and restore wetlands.
Coastal Wetlands Planning, Protection & Restoration Act (CWPPRA)North American Wetlands Conservation Act (NAWCA)Section 404 RegulationsSection 404(b)(1) Guidelines - guidelines, established by the EPA, that constitute the substantive environmental criteria used in evaluating activities regulated under Section 404 of the Clean Water Act Permit Regulations - regulations, established by the Army Corps of Engineers, that specifies the procedures and criteria for the issuance of Section 404 permits. Program Definitions and Permit Exemptions - established by the EPA, these definitions apply to the Section 404 program and clarify which activities are exempted from regulation under Section 404(f) of the Clean Water Act. Section 404(c) Regulations - regulations to clarify EPA´s authority to restrict or prohibit the use of an area for discharge of dredged or fill material if the discharge will have unacceptable adverse impacts. Nationwide Permit Program - program established by the Army Corps of Engineers that allows the Corps to grant general permits for similar categories of discharges that will have only minimal adverse effects. Enforcement Regulations - regulations, established by the EPA, to outline options available to the agencies to enforce the provisions of Section 404. State Assumption Regulations - regulations that specify the procedures and criteria used by EPA in assessing State assumption of section 404 programs. Tribal Assumption Regulations - regulations that specify the procedures and criteria used by EPA in assessing Tribal assumption of section 404 programs. Section 404 JurisdictionGenerally1989 Memorandum of Agreement- allocates responsibilities between EPA and the Corps for determining the geographic scope of the Section 404 program and the applicability of exemptions from regulation under Section 404(f). Information pertaining to Wetlands Delineation Geographic JurisdictionInformation pertaining to Clean Water Act definition of "Waters of the United States" Dredged MaterialInformation pertaining to Revisions to Clean Water Act Regulatory Definition of "Discharge of Dredged Material," January 17, 2001, Final Rule Scope Revisions to the Clean Water Act Regulatory Definition of "Discharge of Dredged Material," May 10, 1999, Final Rule Memorandum on Issuance of Final Rule Responding to National Mining Association Decision, May 10, 1999 joint memorandum from EPA and the U.S. Army Corps of Engineers Guidance Regarding Regulation of Certain Activities in Light of American Mining Congress v. Corps of Engineers, April 11, 1997 guidance from EPA and the U.S. Army Corps of Engineers. Dredged Material ManagementComparison of Dredged Material to Reference Sediment Inland Testing Manual - This joint EPA and Corps document, "Evaluation of Dredged Material Proposed for Discharge in Waters of the U.S. - Testing Manual" (ITM), provides guidance regarding technical protocols under Section 404 for evaluating proposed discharges of dredged material associated with navigational dredging projects. Fill MaterialInformation pertaining to Proposed Revisions To The Regulatory Definition Of "Fill Material," June 16, 2000 1986 Memorandum of Agreement - outlines EPA and Corps approach to controlling discharges of solid waste into wetlands and other waters. Dispute Resolution under Section 404(q)1992 Memorandum of Agreement - establishes procedures for the Corps and EPA to minimize delays and resolve disputes in the issuance of Section 404 permits. Establishing Appeals for LandownersFinal Rule for Appeals Procedure - Establishes a procedure to appeal a permit denied with prejudice by the District Engineer, as well as appeal of a declined proffered individual permit. (PDF, 115KB, 15 pages) Compensatory Mitigation/Mitigation BankingInformation pertaining to Section 404 Compensatory Mitigation Wetlands on Agricultural Lands1990 Memorandum to the Field- explains the applicability of the Section 404 program to agriculture and clarifies agricultural exemptions under section 404(f). Wetlands and ForestrySummary of the Forestry Resolution- outlines the innovative resolution of a long-standing silvicultural issue affecting forested wetlands in the Southeast. The guidance clarifies where a wetlands permit is not needed when certain ´Best Management´ practices are conducted in association with forestry site preparation. 1995 Forestry Guidance - the full text of the guidance. Coral Reef Guidance1999 Memorandum to the Field - emphasizes the protection afforded the Nation´s valuable coral reef ecosystems under the Clean Water Act (CWA) Section 404 regulatory program, the Marine Protection, Research, and Sanctuaries Act (MPRSA) Sections 102 and 103 provisions, Rivers and Harbors Act (RHA) Section 10 requirements, and Federal Projects conducted by the Corps. Regulatory Flexibility1995 Memorandum to the Field - identifies regulatory flexibility under Section 404 of the Clean Water Act to those small landowners impacting less than two acres of wetlands on their property. 1993 Memorandum to the Field - clarifies that the level of review associated with a permit application is linked to the nature of anticipated environmental impacts. Thus, small projects with fewer impacts require less review. Surface Coal Mining OperationsJoint Procedures Framework MOU for Surface Coal Mining Permit Applications - February 10, 2005 - The U.S. Office of Surface Mining (OSM), U.S. Army Corps of Engineers (COE), U.S. Environmental Protection Agency (EPA), and U.S. Fish and Wildlife Service (FWS) have coordinated in the development of a Memorandum of Understanding (MOU) to improve coordination and information sharing among the agencies responsible for reviewing and processing Surface Mining Control and Reclamation Act (SMCRA) and Clean Water Act (CWA) Section 404 dredge and fill permits. EPA/Corps Memo on CWA Requirements and Coal Mining Operations - May 5, 2003 (PDF format, 179 KB). 1999 Memorandum of Understanding - establishes a process for improving coordination among the U.S. Office of Surface Mining, U.S. Environmental Protection Agency, U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, and West Virginia Division of Environmental Protection, in the review of permit applications required for surface coal mining and reclamation operations resulting in the placement of excess spoil fills in the waters of the United States in West Virginia. Wetlands and Water Quality1990 National Guidance - Water Quality Standards for Wetlands - assists States in applying their water quality standards regulations to wetlands. Wetlands and Non-point Source Control1990 National Guidance: Wetlands and Non-Point Source Control - describes how State non-point source programs can use the protection of existing wetlands and the restoration of previously lost or degraded wetlands to meet the water quality objectives of adjacent or downstream water bodies. Enforcement1989 Memorandum of Agreement - establishes the allocation of enforcement responsibilities between EPA and the Corps for Section 404 of the Clean Water Act. Corps Regulatory Guidance LettersRGLs on the Corps of Engineers Home Page Scientific DocumentsNational Wetlands Inventory ReportReport to Congress on the Status and Trends of Wetlands in the Conterminous United States 1998 to 2004 - The report provides the most recent and comprehensive estimates of the current status and trends of wetlands in the conterminous 48 United States on public and private lands. National Resources Inventory Report2003 National Resources Inventory - The NRI is conducted by the U.S. Department of Agriculture´s Natural Resources Conservation Service, in cooperation with the Iowa State University Statistical Laboratory. Biodiversity Values of Geographically Isolated WetlandsBiodiversity Values of Geographically Isolated Wetlands in the United States - A study conducted by NatureServe which assesses the potential biodiversity impacts of the Solid Waste Agency of Northern Cook County vs. U.S. Army Corps of Engineers (SWANCC) decision. Through literature review, expert opinion and compilation of existing occurrence data, NatureServe identified at-risk species and ecological communities that are supported by wetland habitats potentially affected by the court´s decision. Hydrogeomorphic (HGM) Approach for Assessing Wetland FunctionsHGM Action Plan - Federal Register notice -Through the National Action Plan, the Corps of Engineers is announcing the strategy the Corps and other Federal agencies will follow to implement the Hydrogeomorphic Approach for Assessing Wetland Functions (HGM Approach) through the development of regional guidebooks. The National Action Plan was developed by a National Interagency Implementation Team. For additional information on HGM, link to the Army Corps of Engineers Waterways Experiment Station Home Page The Wetlands Conservation and Sustainability ProjectThe Handbook for Wetlands Conservation and Sustainability is the newest initiative of the Izaak Walton League of America´s Save Our Streams Program. http://www.epa.gov/owow/wetlands/guidance/index.html
Wetland Laws 1. There is no specific national wetland law. 2. Wetlands have been managed under regulations related to both land use and water quality. Important Laws Rivers and Harbors Act, Section 10, 1899, gave the U.S. Army Corps of Engineers the responsibility to control dredge and fill operations in “waters of the United States”. Federal Water Pollution Control Act as amended (Clean Water Act) 1972, 1977, 1982. Section 404 Dredge and fill permit (Corps) Section 303 Water Quality Standards (EPA) Section 401 Water Quality Certification (EPA) Section 402 National Pollutant Discharge Elimination (EPA) Executive Order 11990, 11988 (Jimmy Carter), 1977, protecting wetlands and floodplains. “No net loss”. Set as a goal by National Wetlands Policy Forum, 1988. President Bush directed federal agencies to implement this goal. It was not anticipated that there would be a complete halt to wetland loss, so restoration and construction was implied. Clean Water Act Section 404 Program Primary vehicle for wetland protection in U.S. An extension of 1899 Rivers and Harbors Act, it requires anyone dredging or filling in the “waters of the United States” to request a permit from the Corps of Engineers. Wetlands are not even mentioned in the original wording, but court interpretations and later executive orders have required the Corps to assume their protection. Obtaining a permit is a complex process (Fig 18-1). No dredging or filling can occur if a practicable alternative exists. The sequence of evaluation and the terms of the permit require the following: 1. Avoidance (avoid impacts where practicable) The EPA has veto power over the Corps’ decisions. Swampbuster provision of 1985 Food Security Act Eliminated the cross purposes of Federal agencies. SCS had been promoting wetland drainage while other agencies were mandated to protect wetlands. This act withdrew any Federal support from farmers who filled wetlands. This included all crop subsidies. Wetland delineation In 1987, the Corps published a wetland delineation manual requiring that three mandatory technical criteria be met (wetland soils, hydrology and vegetation) for declaring a parcel a wetland. In 1989, a four agency manual came out that allowed the delineator to infer some wetland features from others. Heavy lobbying resulted in the release of a modified manual in 1991, one that would have favored the needs of developers and would have resulted in fewer acres of wetland being delineated. After public review, it was characterized as “unscientific” and was abandoned. The 1987 manual is the version that is used. National Academy of Science Study The NRC study was published in 2001: “Compensating for Wetland Losses Under the Clean Water Act”. It portrays a less than complementary picture of the effectiveness of the governmental apparatus for protecting the Nation’s wetlands. In a 5-4 vote in the case Rapanos v. United States, a highly divided Supreme Court muddied the laws on wetland protection. Wisconsin Wetlands: Guide to Protection LawsA Directory of Regulations, Regulators and Related Programs Laws & RegulatorsLocal ZoningContact your local zoning office for general guidance and information, application forms for local zoning programs, review of wetland maps, assistance with wetland boundary determinations and explanation of permitted uses. In cities or villages, call the municipal office to reach the Zoning Administrator or Building Inspector. Shoreland and Wetland Zoning: Counties (S. 59.971, Stats. & NR 115) Regulates general development & activities in wetlands adjacent to navigable waters ("shorelands"). May comment on state and federal permit applications. Shoreland and Wetland Zoning: Villages & Cities (Ss. 61.351 & 62.231, Stats & NR 117) Regulates activities in wetlands adjacent to navigable waters ("shorelands"). May comment on state and federal permit applications. Comprehensive and Other Zoning (Ss. 59.97, 61.35 & 62.23 and Ch. 91, Stats.) Regulates a wide range of land uses to protect public health, safety & welfare and offer wetland protection. Wisconsin Department of Natural Resources (DNR)Contact Water Management Specialists for general guidance and information, application forms and review of wetland maps. DNR also makes wetland boundary, ordinary high water mark (OWHM) and navigable water determinations for state programs. Navigable Waters Protection (Ch. 30 & 31, Stats.) Regulates construction and waterway alteration in and adjacent to navigable waters, including dams, filling, water diversion, grading and dredging. Alteration of non-navigable waterways, such as dredging, is also regulated. Shoreland and Wetland Zoning Oversight (Ss. 59.971, 61.351 & 62.231, Stats.) Statute requires DNR to provide technical assistance to local zoning officials, oversight of local decisions and general development & wetland protection standards for "shorelands" adjacent to navigable waters, which are administered by local government. Water Quality Certification (S. 401 Federal Clean Water Act, NR 103, & NR 299) Advises the Corps when projects are inconsistent with state water quality standards. The federal permit won't be issued until the project becomes consistent with those standards. U.S. Army Corps of EngineersContact the district office in St. Paul or one of the Corps field offices for information about federal regulations. Permit applications for Corps-regulated activities can be obtained from area DNR offices. Mailing address: U.S. Army Corps of Engineers, St. Paul District, Attn: Regulatory Branch, 190 Fifth Street East, St. Paul, MN 55101-1638. Clean Water Act (S. 404) Regulates discharges to "waters of the U.S." including fill in any wetland. Preapproved "general" or "nationwide"permits may be available for specific minor activities. Compensatory mitigation is only accepted for unavoidable losses under federal program. Rivers & Harbors Act (S. 10) Regulates most activities in "navigable waters of the U.S.," which include the Great Lakes and most major rivers and lakes. U.S. Environmental Protection Agency (EPA)EPA comments on federal permit applications. May veto Corp permit decisions and take action against violators. Offers support to state wetland programs. Related ProgramsAgricultural Stabilization and Conservation Service (ASCS)Administers 1985 and 1990 federal Farm Bills, which make agricultural producers who alter wetlands ineligible for federal farm program benefits. County ASCS agents are best able to answer wetland questions related to these programs (Swampbuster and others) and can provide aerial land (crop) photos. Soil Conservation ServiceSCS field offices in most counties conduct wetland inventories and make wetland determinations for the Swampbuster provisions of federal Farm Bills. SCS wetland maps identify wetlands in agricultural regions based on presence of hydric soils and eligibility for federal farm program benefits; they are not a substitute for WWI wetland maps. U.S. Fish and Wildlife Service (FWS)Nine FWS field offices in Wisconsin assist with wetland restoration plans and management questions. The FWS field office in Green Bay reviews federal permit applications and related mitigation plans. Local Plan Commission or CommitteeDevelops resource and other local land use plans and recommends regulatory ordinances to governing body. Directs local planning or zoning staff in administering local land use laws. Wetland GlossaryWetland - Wisconsin statutes define a wetland as "an area where water is at, near or above the land surface long enough to be capable of supporting aquatic or hydrophytic ('water-loving') vegetation and which has soils indicative of wet conditions." Ordinary High Water Mark - It is the point on the bank or shore up to which the presence and action of surface water is so (OHWM) continuous as to leave a distinct mark by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic. The OWHM defines the bed of a lake, river or stream. Navigable Waters - The State of Wisconsin defines navigable waters as those with a bed differentiated from adjacent uplands and enough water to allow navigation by a recreational craft of the shallowest draft on an annually recurring basis. ("Navigable waters of the U.S." are different). Mitigation - Mitigation means replacement of wetlands and their functions. It is required in the Corps process if alternative siting and efforts to reduce impacts still result in wetland loss. Shorelands - For navigable lakes, ponds, or flowages, lands within 1,000 ft of the Ordinary High Water Mark. For navigable rivers and streams, lands within either the floodplain or 300 ft of the OWHM, whichever is greater. Rezoning - In rare instances, a wetland lacks the functions for which they are valued. In such cases, the property owner may petition the local zoning office for a zoning map amendment. If approved, the "rezoned" wetland is not subject to the local zoning regulations described in this fact sheet; federal and state regulations still apply. Permit Review TimetableTimes listed here represent a general range. Avoid longer timeframes by making a thorough property investigation and submitting accurate and complete maps, plans and narratives with your permit applications. It's most efficient to prepare and submit all applications at the same time.
Wisconsin Wetlands: Wetland Regulatory ProgramsWith the historic loss of wetlands in the state, people who work in wetlands recognize the increasing importance of protecting them. The following publications and web sites highlight such topics as: construction near wetland sites, wetland laws, wetland protection programs and the place of wetlands in commercial and private zoning. Use this information as a starting point for any building project or other wetland protection issues. State Wetland PermitsIf you are planning a project that proposes wetland impacts you will need to obtain a wetland water quality certification (permit) from the DNR approving the proposed wetland impact before you proceed with the project. As part of the certification process you will be required to explore various project alternatives that will avoid and minimize wetland impacts. In certain circumstances, we may be able to consider a wetland compensatory mitigation proposal when reviewing your permit application if offered as part of your permit application.
Wetland Rules
More InformationFor more information regarding Wetland Regulatory Programs, please contact Dale Simon, Chief Biologist, (608) 267-9868 . Progress Update for 2002-2003The DNR's Wetland Team has produced this Reversing the Loss Progress Report for 2002-2003 (PDF, 625KB) outlining the accomplishments of the Reversing the Loss program so far, as well as the future goals and plans for the project. Progress Update for 2001-2002The DNR's Wetland Team also produced this Reversing the Loss Progress Report for 2001-2002 (PDF, 38KB). More InformationFor more information regarding the protection and restoration of wetlands in Wisconsin, please contact Pat Trochlell, Wetland Ecologist (608) 267-24 The following is a reprint of the book's Foreword by Françoise Burhenne-Guilmin, Head of the IUCN Environmental Law Centre, Bonn, Germany Wetland conservation and wise use depends on a series of important relationships between:
Wetlands, Water and the Law provides a structured framework for considering these complex relationships. It sets wetlands in their scientific, economic and legal context, before describing the main legal issues involved in implementing the Ramsar Convention. Parts 3-6 take an increasingly broad focus, dealing respectively with site-specific and bioregional approaches to wetland management, generally-applicable techniques for managing damaging processes and activities and, lastly, regional and international frameworks for cooperation. These mechanisms overlap and interlock and should be mutually reinforcing. The book complements the recent work of scientists and economists by describing how laws and institutions can work for (or against) wetland conservation and wise use. Each chapter makes the link between international legal obligations and national or local mechanisms for delivering implementation. Drawing on national practice around the world, the book illustrates how different legal approaches and techniques can be adapted to widely-varying national conditions and capabilities. Key components for legal and institutional frameworks suited to the challenge of wise use implementation are set out in the conclusion. For nearly a decade, Clare Shine and Cyrille de Klemm have worked together on biological diversity issues and have produced several important reports and publications for the IUCN Environmental Law Programme. But this book is special. Not only was it prepared over a number of years during which both Clare and Cyrille attempted to synthesise the results of extensive research, observations and practice in the field of wetlands law. The book was also prepared at a time when Cyrille gradually lost his physical strength. It was finalised by Clare shortly after his death in April of 1999. Wetlands, Water and the Law is thus the first monument to Cyrille's memory, and to his long collaboration with Clare. Without Clare's dedication to the task, and friendship with Cyrille, this book simply would not have been completed. For further information about the Ramsar Convention on Wetlands, please contact the Ramsar Convention Bureau, Rue Mauverney 28, CH-1196 Gland, Switzerland (tel +41 22 999 0170, fax +41 22 999 0169, e-mail ). Posted 17 September 1999, Dwight Peck, Ramsar. Cambridge's wetland protection laws
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