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Wetlands: What you need to know

Governing Law and Regulations

Clean Water Act (CWA), 33 USC 1251 to 1387

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Regulatory coordination:

Corps enforcement: 33 CFR 326.1 to 326.6

EPA assistance: 40 CFR 225.1 to 233.71

State roles: 33 USC 1341

Legal Framework:

Isolated Wetlands: 33 CFR 330.2(e)

Waters of the United States (WOTUS): 33 CFR 328.3 and 40 CFR 230.3

Definitions:

Discharge of dredged material: 40 CFR 232.2 and 33 CFR 323.2

Changes in limits: 33 CFR 328.5

Wetlands: 40 CFR 232.2

Navigable waters: 33 CFR 329.4

WOTUS: 33 CFR 328.3 and 40 CFR 230.3

Jurisdictional determinations: 33 CFR 331.2

Changes in limits: 33 CFR 328.5

Isolated wetlands: 33 CFR 330.2(e)

Discharge of dredged material: 40 CFR 232.2 and 33 CFR 323.2

Jurisdiction: 33 CFR 329.1 to 329.16

Section 404 permit exceptions: 40 CFR 232.3

Permit process:

Pre-application consultations: 33 CFR 325.1(b)

Permit applications: 33 CFR 325.1(c) and 33 CFR 325.1(d)

Fees: 33 CFR 325.1(f)

Individual permits: 33 CFR 325.5(b)

Letter of permission: 33 CFR 325.2(e)

General permits:

Nationwide permit (NWP) applications: 33 CFR 330.1 to 330.6

Regional permits: 33 CFR 325.5(c)(1) and 33 CFR 325.2(e)(2)

Programmatic permits: 33 CFR 325.5(c)(3)

Compensatory mitigation: 33 CFR 332.1 to 332.8

Wetlands Reserve Program: 7 CFR 1467

Local wetlands protection: 33 USC 1251(g)

State wetlands laws: 33 USC 1344(g)

Takings and Constitutional rights: U.S. Constitution, 5th and 14th Amendments

Regulatory Agencies

U.S. Department of the Army Corps of Engineers (Corps)

U.S. Environmental Protection Agency (EPA) Office of Wetlands, Oceans, and Watersheds

U.S. Fish and Wildlife Service (FWS)

See ADDRESSES & CONTACTS for addresses and telephone numbers.

Overview of Wetlands Regulation

The regulation of wetlands in the United States involves a variety of regulatory ...


>> Read more about Wetlands

More on this topic:

Governing Law and Regulations
Regulatory Agencies
Overview of Wetlands Regulation
Regulatory Oversight
Wetlands Identification
Federal Permits
Voluntary Wetlands Protection
Local and State Standards
Property Takings
Forms
Guidance Documents
Additional Guidance
Checklist
Tables
CROSS-REFERENCE

State Requirements

Alabama | Arizona | Arkansas | California | Colorado | Connecticut | Delaware | Florida | Georgia | Illinois | Indiana | Iowa | Kansas | Kentucky | Louisiana | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | New Hampshire | New Jersey | New York | North Carolina | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | Tennessee | Texas | Utah | Virginia | Washington | West Virginia | Wisconsin |

Wetlands Resources

Wetlands Products

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