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Granting Exclusive Use of Wetland Area

  • Misty A. Sims
Reference work entry

Abstract

Views of wetlands are wastelands and sources of disease that may only be redeemed via reclamation is an anachronistic viewpoint. Today, the multiple ecological functions wetlands play are becoming increasingly widely recognized, according greater priority to their protection. This chapter addresses some of legal instruments granting exclusive use of wetland areas in the USA. Given the fragile nature of wetlands coupled with the social costs of wetland destruction, the US Congress established a permitting program in the 1977 Amendments to the 1972 Clean Water Act (CWA), specifically to preserve wetlands from unintentional or intentional destruction. In addition, “adjacent” wetlands, which may have never been inundated by the waters of the actual wetlands, are subject to federal regulation. “General permits” are issued by the US Army Corps of Engineers for activities likely to have a minimal adverse impact on wetlands, and “individual permits” are mandatory for activities likely to have significant impacts on wetlands such as dredge and fill activities. Unfortunately, isolated wetlands with no “significant nexus” to any navigable water body (30–60% of US wetlands) are not subject to this revised federal law, limiting their protection.

Keywords

Disease Ecological functions Protection USA Clean Water Act CWA Adjacent wetlands General permits Army Corps of Engineers Individual permits Dredge and fill Isolated wetlands 

References

  1. Laitos JG, Zellmer SB, Wood MC, Cole DH. Natural resources law casebook.Google Scholar
  2. Callies DL, Freilich RH, Roberts TE. Cases and materials on land use. 5th ed. St. Paul: Thomson West.Google Scholar
  3. Nolon JR, Salkin PE. Land use in a nutshell. 5th ed. St. Paul: Thomson West.Google Scholar
  4. Christie DR, Hildreth RG. Coastal and ocean management law. St. Paul: Thomson West.Google Scholar
  5. Clean Water Act Section 404(q) Dispute Resolution Process. http://water.epa.gov/type/wetlands/outreach/upload/404q.pdf

Additional Reading

  1. U.S. Army Corps of Engineers. http://www.usace.army.mil
  2. State Wetlands Programs. http://www.aswm.org/swp/states.htm
  3. Revisions to Clean Water Act Regulatory Definition of “Discharge of Dredged Material”. http://water.epa.gov/lawsregs/lawsguidance/cwa/dredging/2001rule.cfm 17 Jan 2001.

Copyright information

© Springer Science+Business Media B.V., part of Springer Nature 2018

Authors and Affiliations

  1. 1.Environmental and Natural Resources LawUniversity of DenverDenverUSA

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