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Wetlands
National Summary
The regulation of wetlands in the United States involves a variety of regulatory schemes, including the Section 404 regulation for the discharge of dredged or fill material into waters of the United States under the Clean Water Act (CWA). In general, activities including placement of fill material, excavation, levee construction, land clearing or leveling, as well as road and dam construction projects, all require a wetlands permit under the CWA. For every authorized discharge under a wetlands permit, the adverse impacts to wetlands, streams, and other aquatic resources must be avoided and minimized to the extent practicable. For unavoidable impacts, compensatory mitigation is required to replace the loss of wetland and aquatic resource functions in the watershed.
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Final Regulations 24 CFR 50, 55 and 58 - Floodplain Management and Protection of Wetlands; Correction 12/10/2013National
Final Regulations 33 CFR 326 - Civil Monetary Penalty Inflation Adjustment 01/28/2013National
Proposed Regulations 33 CFR 328 and 40 CFR 110, 112, 116, et al. - Definition of "Waters of the United States" Under the Clean Water Act 04/21/2014National
Final Regulations 33 CFR 330 - Nationwide Permit Program 01/28/2013National
Final Regulations 40 CFR 131 - Phosphorus Water Quality Standards for Florida Everglades 08/03/2012National
White Papers Agriculture and U.S. waters definition 06/10/2014National
Guidance Documents An Introduction to Wetland Restoration, Creation, and Enhancement  National
Forms Application for Department of the Army Permit (Form 4345)  National
Forms Application for Long-Term Contracted Assistance through the Wetlands Reserve Program  National
Guidance Documents Application of Elements of a State Water Monitoring and Assessment Program for Wetlands  National
Questions & Answers Are there appeal procedures for CWA Section 404 Wetlands Permits? 05/06/2004National
News Arizona uniquely troubled by water proposal 05/30/2014National
Notices Best Practices for Continuous Monitoring of Temperature and Flow in Wadeable Streams 10/31/2013National
Notices Coastal Nonpoint Pollution Control Program: Intent To Find That Oregon Has Failed To Submit an Approvable Coastal Nonpoint Pollution Control Program 12/20/2013National
News Comment deadline extended for waters of the U.S. proposed rule 06/12/2014National
Guidance Documents Congressional Letter to EPA Concerning Wetlands Enforcement  National
Guidance Documents Corps and EPA Responses to the Rapanos Decision  National
Guidance Documents Corps of Engineers Regulatory Jurisdiction for Fresh Waters and Tidal Waters Pictorial Representation  National
Guidance Documents Corps of Engineers Wetlands Delineation Manual  National
Checklists Corps Wetland Mitigation Plan Checklist  National
Notices Council on Environmental Quality - Economic and Environmental Principles and Guidelines for Water and Related Land Resources Implementation Studies 03/27/2013National
Notices Council on Environmental Quality - Notice of Availability of Final Principles and Requirements 03/27/2013National
Guidance Documents CWA Jurisdiction following the U.S. Supreme Court's Ruling in Rapanos v. U.S. and Carabell v. U.S.  National
Guidance Documents Design Manual: Constructed Wetlands for Municipal Wastewater Treatment  National
Notices Draft Science Synthesis Report on the Connectivity of Streams and Wetlands to Downstream Waters 03/08/2013National
Notices Draft Science Synthesis Report on the Connectivity of Streams and Wetlands to Downstream Waters 03/08/2013National
Checklists Dredge and Fill/Wetlands (Section 404) Self-Audit Checklist  National
Guidance Documents EPA Memo on Wetlands Enforcement after Rapanos  National
News EPA tries to placate farmers 07/14/2014National
Notices Exemption From Permitting Under Section 404(f)(1)(A) of the Clean Water Act to Certain Agricultural Conservation Practices 04/21/2014National
Notices Extension of Comment Period for Definition of "Waters of the United States'' Under the Clean Water Act 06/24/2014National
Guidance Documents Final "Tulloch" Clarification: Enhanced Wetlands Protections Fact Sheet  National
News GOP governors ask president for rollback 06/24/2014National
Guidance Documents Guiding Principles for Constructed Treatment Wetlands: Providing Water Quality and Wildlife Habitat  National
Guidance Documents Handbook of Constructed Wetlands  National
Questions & Answers If the Corps issues a letter that indicates that there are jurisdictional waters on a parcel, but does not specify whether the JD is approved or merely preliminary (as is required by 33 CFR 331.2), does start the clock for purposes of appeal? 04/05/2004National
Guidance Documents Implementing the Interagency Action Plan on Appalachian Surface Coal Mining  National
Guidance Documents Improving EPA Review of Appalachian Surface Coal Mining Operations Under the Clean Water Act, National Environmental Policy Act, and the Environmental Justice Executive Order  National
Questions & Answers In 2000, the Corps lowered the threshhold to 1/2 acre from the prior 3-acre requirement for an individual permit for development. Can the Corps retroactively require a permit for impacts of less than three acres prior to the change? 04/05/2004National
Notices Information Collection Request Submitted to OMB for Review and Approval; Approval of State Coastal Nonpoint Pollution Control Programs 01/30/2014National