Wetland
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A wetland is an area whose surface is flooded for an extended period of time or where the soil is saturated by groundwater that moves or stays close to the surface. Wetlands can include different types of locations, including oceans, rivers, lakes, reservoirs, swamps, bogs, potholes, and areas that are dry during parts of the year.[1]
Wetlands are regulated under the federal Clean Water Act and various state-level laws. The act prohibits the discharge of any pollutants into navigable waters without a federal permit. Navigable waters are defined as the "waters of the United States, including the territorial seas," which includes wetlands. The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers regulate the discharge of any dredged or fill materials into wetlands and require a permit for such activities. These materials include anything excavated from bodies of water and anything used to replace an aquatic area with dry land.[2]
As of June 2017, 31 states had their own wetland regulation programs.[3]
Background
Various definitions for wetland exist since different types of wetlands appear at different times during the year. For example, some wetlands can dry out at certain times, and other wetlands may be dry more often than they are wet. Additionally, disagreements exist over what areas qualify as a wetland. Three general components to identify a wetland include water, soil, and vegetation. However, disagreements include how wet a land has to be to qualify as a wetland, the types of vegetation that distinguish a wetland, and the specific soils used to characterize an area as a wetland.[1][4]
Examples of how wetlands are defined include the following:
- According to the textbook Wetlands: Characteristics and Boundaries (1995), wetlands are areas where a surface is flooded for an extended period of time or where the soil is saturated by groundwater that moves or stays close to the land’s surface.[1]
- According to the U.S. Fish and Wildlife Service, wetlands are areas where the level of water-saturated soil is generally at or near the surface or where the land is covered by shallow water. To qualify as a wetland, the area must support the growth of certain types of water-loving plants. Additionally, the soil must be moisture-filled and “saturated or covered with water at some time during the growing season."[5]
- According to the Ministry of Forests in British Columbia, wetlands are areas where soils are water-saturated for a certain length of time and where soil oxygen levels are low enough that vegetation can grow and live. This definition would include fens, bogs, swamps, shallow open water, and semi-aquatic marshes as wetlands.[6]
- According to the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers, wetlands include "areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions." This definition would include bogs, marshes, swamps, wet meadows, potholes, wet tundra, and areas that are dry during parts of the year.[7]
Types of wetland
Because wetland environments are varied, different classifications of wetlands are used to describe these environments. Below are descriptions of five wetland systems from third volume of the textbook Environmental Management in Practice (1999).[1]
- Marine habitats are seawater environments near the open ocean and include beaches, lagoons, rocky shores, and shallow coral reefs. Marine habitats are minimally affected by estuaries or rivers.[1]
- Estuaries are partially enclosed bodies of brackish water (a mix of saltwater and freshwater) with a connection to the open sea. Estuaries receive water flow from one or more streams or rivers and are a transition zone between rivers and other maritime environments. The mix of saltwater and freshwater provides nutrients for plants and marine organisms to grow in estuaries. Estuaries are also subject to tides and waves. Various estuaries include the Hudson River in New York, Barnegat Bay off the coast of New Jersey, and the San Joaquin River in central California. Other types of estuaries include fjord-type estuaries that are formed when glaciers widen existing rivers. Fjord-type estuaries are found off the coast of Alaska and in the Puget Sound region of Washington State.
- Riverines (commonly known as rivers) are naturally flowing streams that flow toward oceans, lakes, seas, or other rivers. Rivers collect water from various sources, including precipitation, surface runoff, groundwater, springs, and natural ice and glaciers. Rivers can also flow into the ground and become dry. Smaller rivers include streams, creeks, and brooks.
- Lacustrine wetlands include large standing bodies of water, such as reservoirs or lakes.
- Palustrine wetlands are wet areas that are not considered rivers and do not contain flowing water. These wetlands include swamps, springs, bogs, marshes, floodplains, and small ponds. Palustrine wetlands also have vegetation, such as moss, shrubs, and trees, and provide habitats for different species, such as geese and other birds.
Regulation
Federal
The Clean Water Act is the main tool for federal regulation of activities that may affect wetlands. The act prohibits the discharge of any pollutants into navigable waters without a federal permit. The law defines navigable waters as "waters of the United States and the territorial seas". Section 404 of the act prohibits the discharge of dredged or fill material into waters of the United States, including wetlands, without a federal permit. Dredge includes material excavated from bodies of water, and fill material includes anything used for replacing an aquatic area with dry land or adjusting the bottom elevation of a waterway.[8][9][10]
Activities requiring a permit include the use of dredged or fill materials for building a structure or an impoundment that requires rock, dirt, or sand; the use of dredge or fill material for industrial, commercial, recreational, and residential uses, and for sewage treatment facilities or pipes associated with power plants; the construction of dams, dikes, or levees; and more. Activities exempt from the permit program include regular farming and ranching activities, such as "plowing, seeding, cultivating, minor drainage, and harvesting for the production of food, fiber, and forest products", and soil and water conservation practices.[11]
The U.S. Army Corps of Engineers oversees the Section 404 permit program. Landowners whose construction activities could affect a wetland may need to obtain a federal permit. Enforcement of section 404 is held jointly by the Corps and the EPA, which may levy administrative, civil, and/or criminal penalties for section 404 violations.[12]
Criteria used to detect whether a wetland area may be considered the "waters of the United States" regulated under the Clean Water Act can include the following:[12]
- Areas located near or adjacent to rivers, streams, creeks, or swamps
- Areas containing a pool of water of any size that does not flow
- Areas located in a low-lying area, which can hold water for days after a heavy rain
- Areas where the level below which the ground is saturated with water is not far below the surface
- Areas where aquatic plants are present
State
According to the EPA, 31 states had wetland regulation programs as of June 2017. All 31 states had monitoring and assessment programs. Of the 31 states, 25 had wetland regulatory programs and 23 states set water quality standards for wetlands. These states are listed below:[3]
See also
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 Emporia State University, "Definitions and Classification Wetland Environments - James S. Aber," accessed September 26, 2016
- ↑ Congressional Research Service, "Controversies over Redefining 'Fill Material' Under the Clean Water Act," August 21, 2013
- ↑ 3.0 3.1 U.S. Environmental Protection Agency, "State and Tribal Wetland Program Plans," accessed July 3, 2017
- ↑ The Heritage Foundation, "A Guide to Wetlands Policy and Reauthorization of the Clean Water Act," June 22, 1994
- ↑ U.S. Fish and Wildlife Service, "Wetlands Classification System," accessed September 26, 2016
- ↑ British Columbia Ministry of Forests, "Wetlands of British Columbia: A Guide to Identification," accessed September 26, 2016
- ↑ U.S. Environmental Protection Agency, "Section 404 of the Clean Water Act: How Wetlands are Defined and Identified," accessed September 27, 2016
- ↑ Construction Industry Compliance Assistance Center, "Wetlands Regulations/Permits," accessed July 1, 2017
- ↑ U.S. Geological Survey, "Wetland Management and Research - Wetland Protection Legislation," accessed July 1, 2017
- ↑ U.S. Environmental Protection Agency, "Wetland Regulatory Authority," accessed June 22, 2017
- ↑ U.S. Environmental Protection Agency, "Part 232: 404 Program Definitions; Exempt Activities Not Requiring 404 Permits," accessed July 2, 2017
- ↑ 12.0 12.1 Thompson Coburn LLB, "Do you need a Section 404 permit for your real estate development?" September 12, 2016
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