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Wetland programs are administered at local, state and federal levels. State wetland programs fall into several categories: 1) regulatory, 2) restoration, 3) water quality (or Pollution Control), 4) monitoring/assessment, 5) wetland mapping, 6) wildlife/fisheries and sometimes 7) Coastal Zone Management. Additionally, there is sometimes a mitigation component to a state wetland program. At the Federal level, wetland programs mostly fall under the Clean Water Act. Federal agencies involved with wetland programs include the U.S. Environment Protection Agency, Fish and Wildlife Service, U.S. Army Corps of Engineers (Section 404 dredge and fill permitting) and National Oceanic Atmospheric Administration. Local wetland programs are run by a number of local governements, including conservation commissions, land trusts, local water districts, water quality and pollution control organizations, counties and other interest groups. |
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Federal Wetland Programs
( 18 Articles )
ASWM works closely with a number of federal agencies that protect, monitor/study and regulate wetlands, including the U.S. Environmental Protection Agency (EPA), the U.S. Fish and Wildlife Service (FWS), the U.S. Army Corps of Engineers (Corps), and the National Oceanic Atmospheric Administation (NOAA). These agencies all play a role in protecting and regulating wetlands. An extensive directory of federal agencies that have programs pertaining to wetlands is available by clicking here.
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State Wetland Programs
( 31 Articles )
State Program Summaries
Two thirds of the United States currently lack regulatory programs that comprehensively address wetlands and isolated wetlands in particular. Of the states that do have regulatory programs, statutes and regulations addressing wetlands and other isolated waters vary substantially. To further understanding of the various approaches available for developing statutory and regulatory language, we have provided links to statutes and regulations in the states with existing programs, click here.
ASWM Reports
ASWM has prepared a number of reports on the challenges faced by state-level wetland regulatory programs. Each report is available in PDF format and may be viewed and/or downloaded by clicking on the title, below:
Wetland Program Plans: A Strategic Tool for States & Tribes (March 2012) by Leah Stetson Section 401 Certification Best Practices in Dredge and Fill Permit Programs (January 2012) by ASWM
The SWANCC Decision: State Regulation of Wetlands to Fill the Gap (March 4, 2004) by Jon Kusler, Esq.
Model State Wetland Statute to Close the Gap Created by SWANCC (February 22, 2001) by Jon Kusler, Esq.
Common Questions: State Wetland Regulatory Programs (June 26, 2006) by Jon Kusler, Esq., and Jeanne Christie.
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Programmatic General Permits
( 2 Articles )
Glossary
Programmatic General Permit (PGP) - A type of regulatory permit issued by the U.S. Army Corps of Engineers (Corps) which authorizes states, local governments, tribes, or other federal agencies with regulatory programs comparable to the Corps' Section 10 or 404 Program to issue permits for specified activities in lieu of direct Corps' issuance of such permits.
State Programmatic General Permit (SPGP) - A type of PGP that is administered by a state agency and designed to eliminate duplication of effort between Corps districts and states, as well as to make the permitting process more efficient with flexibility as to the geographic region covered and whether nationwide permits are revoked.
Regional General Permit (RGP) - A type of PGP that is issued by the Corps with certain conditions that pertain to a limited(regional) geographic area; it can be used to modify or in place of nationwides (the role of various states).
General Authorization (GA) - A type of permit that is issued by a state for specific types of minimal impact projects, e.g. Oregon's GA.
See the articles below for more information about these types of regulatory action.
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Dredge & Fill Permitting Programs
( 0 Articles )
Army Corps of Engineers, New England district
A Citizen's Guide to the Corps of Engineers by American Rivers
American Rivers published a citizens' guide to understanding the Army Corps of Engineers' permitting process under Clean Water Act. The full guide is here.
Clean Water Act Owner’s Manual
2nd Edition is available at River Network’s Online Marketplace
Understanding the Clean Water Act: An Online Course
River Network is proud to announce the resurrection of the online course, Understanding the Clean Water Act. Users can now explore the course at: www.cleanwateract.org. The course is a companion to the book, The Clean Water Act Owner's Manual. Course content will help users isolate specific water quality problems, identify possible solutions, develop and leverage existing programs and build effective outreach tools. The course is appropriate for staff, interns, volunteers and board members interested in learning more about the force of the Clean Water Act and related tools. Even Clean Water Act old-timers will likely find something to ponder in the local stories, digging deeper and resources sections. If you train staff or volunteers on the Act, you’ll also find some special training tools to help you get your points across. For questions or to share your thoughts on this course, contact Merritt Frey at
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Understanding Federal, State and Local Dredge & Fill Permitting Programs
by Leah Stetson, MPhil HE, Association of State Wetland Managers, Inc. (04/07)
In response to receiving numerous requests for information about dredge and fill permits, ASWM investigated several ways that federal, state and local permitting programs have used to deal with violators, as well as to educate the public. These included wetland education and regulatory workshops, technology and GIS mapping. To read full article in PDF, click here.
Common Questions: Wetland Guidance for Engineers
by Jon Kusler, Association of State Wetland Managers, Inc. (6/26/06)
This guide is designed for engineers (civil, sanitary, other) wishing to undertake activities which may impact wetlands or who wish to utilize wetlands in meeting various project goals (e.g., pollution control). It addresses frequently asked engineering-related questions concerning wetland protection, restoration, and construction. A selected bibliography and list of websites provide the reader with more information concerning specific subjects.
To view in PDF, click here.
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§ 404 State/Tribal Program Assumption
( 5 Articles )
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Improving Wetland Permitting
( 10 Articles )
Many states have been doing a number of things to improve wetland permitting in recent years. “Improved” permitting refers to making the permitting process more efficient while maintaining the same level of protection for wetlands and water resources; “more efficient” not only speaks to making it faster but also easier for both staff and applicants to understand. Some states have completed and others are starting activities that fall into the following categories: 1) consolidating permitting; 2) communication before permitting; 3) online applications; 4) utilizing science & technology; 5) enhancing data management; 6) consistency and program management (incl. evaluating permit decisions) and 7) other. State summaries that have been submitted so far are linked below.
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States & Tribes Only
( 16 Articles )
This website is for review by States and Tribes only. Information on this site is under development and should not be shared or distributed to other parties.
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401 Certification Capacity Building Project
( 9 Articles )
The 401 Certification Capacity Building Project is a three-part project supported by the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers. EPA is supporting the development of case studies about 10 state programs and hosting a series of 401 certification capacity building conference calls through December of 2010. The U.S. Army Corps of Engineers is supporting communication and information sharing in preparation for the reissuance of the Section 404 Nationwide Permits, which will occur following publication of a proposed and final rule and go into effect in March of 2012.
EPA's "Clean Water Act Section 401 Water Quality Certification: A Water Quality Protection Tool for States and Tribes" was released April 2010. This new handbook describes CWA §401 certification authorities, the way different state and tribal programs use certification, and how state and tribal certification programs leverage available resources to operate their certification programs. The handbook is available here. For additional resources, click on the links below. If you are looking for information about Water Quality Standards for Wetlands, click here.
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Funding & Opportunities
( 5 Articles )
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In-Lieu Fee Program Work Group
( 5 Articles )
The In-Lieu Fee Program Work Group is a special project supported by the U.S. Army Corps of Engineers. The purpose is to assist interested states and tribes in meeting the requirements for the mitigation rule for In Lieu Fee Programs. This is accomplished through a national workgroup of state and Corps District staff and other interested parties. Work group members share ideas and information about progress and challenges in meeting the requirements of the rule.
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Water Quality Standards for Wetlands
( 9 Articles )
Water quality is an important factor in managing wetlands. Water quality in wetlands is affected by the type of soil, vegetation, position on the landscape, topography, water quantity (amount of flow), climate, groundwater and surface water chemistry, and hydrology. States are increasingly interested in developing water quality standards for wetlands (which may differ in criteria from water quality standards for streams or lakes).
A water quality standard is a legally established state regulation consisting of three main parts: (1) designated uses, (2) criteria and (3) anti-degradation policy, and often a fourth part, general policies addressing implementation.To date, 15 states have adopted wetland-specific water quality standards. ASWM has provided resources for states and tribes that are developing criteria for adoption of water quality standards, as well as other information related to wetlands and water quality, on this page.
ASWM prepared four issue papers for the State of Maryland in 2010 with recommendations for the state to develop criteria for adoption of state wetland-specific water quality standards. They have been updated with funding support from the U.S. Environmental Protection Agency.
For an overview paper, “State Water Quality Standards for Wetlands," click here.
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State Summaries
( 50 Articles )
State Wetland Program Summaries
This page provides links to summaries of state wetland programs. The summaries encompass a comprehensive suite of programs including wetland regulation and mitigation, wetland water quality standards, monitoring and assessment, voluntary restoration, tax incentives, coordination and public/private partnerships. State programs vary substantially from state to state. These program summaries were provided to ASWM by individual states at the Association's request. Program descriptions for each state follow a standardized format to allow comparison of state programs across the country. Therefore, some states will lack programs under certain topics, but have extensive information in other program areas. The state wetland and related water resource programs described below often derive their authorities from more than one statute and/or regulation. As a result different programs may be administered by different agencies. While ASWM in partnership with the states has tried to provide a comprehensive description of each state's wetland programs, programs may change from year to year and parts of the state report may need to be updated. States that would like to revise or update the reports posted here can contact
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to make changes and revise any state report.
ELI Study of State Wetland Programs
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Section 404 Work Group
( 1 Article )
This website is for review by Ecos Workgroup Members only. Information on this site is under development and should not be shared or distributed to other parties.
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Wetland Standards Work Group
( 2 Articles )
Water quality standards for wetlands have proven a challenging topic over the years. Under a grant from the U.S. Environmental Protection Agency, ASWM is undertaking a project to identify best practices that can be used in the development of water quality standards for wetlands. To do this ASWM will take the following steps:
- Gather information from the states about how wetland water quality standards are currently used in 401 certification and dredge and fill permitting programs, assessment reports, restoration activities and watershed plans
- Develop a report summarizing states’ application of wetland water quality standards
- Develop a draft list of best practices
- Conduct a detailed review of three states with comprehensive wetland water quality standards: WI, MN and OH
- Work with three states (to be determined) that are actively developing wetland water quality standards and assist them in applying the best practices identified in steps 1-4 by developing a strategy for adoption of wetland water quality standards adapted to their state
- Invite all interested states and tribes to participate in a series of conference calls that will be carried out as part of completing steps 1-5
- Publish materials here, and on ASWM’s webpage for Water Quality Standards.
The goal of the project is to help the states prepare and adopt water quality standards for wetlands.
ASWM has posted 14 draft summaries of states that have water quality standards that specifically address wetlands. These summaries will updated and revised to:
a) confirm that the summaries are accurate and these states are currently applying these standards to wetlands b) gather information on the progress of implementing the program c) determine whether states are including wetlands in 305(b) reports or including wetlands on 303(d) lists of impaired waters d) find out whether and what wetland assessment approaches are being used to implement wetland standards e) identify whether total maximum daily loads (TMDLs) are applied to wetlands f) ascertain if there have been any state court cases addressing wetland water quality standards and in particular whether these affect Section 401 certification review g) collect information about benefits gained from adopting water quality standards for wetlands h) learn about plans to revise or otherwise change existing standards; and i) identify information and technical assistance needs.
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