EPA Repeal of 2015 Clean Water Act Rule: What’s Next?

Wetland delineation

The Environmental Protection Agency (EPA) announced September 12 the finalized repeal of the 2015 Clean Water Act rule which expanded the definition of Waters of the United States (WOTUS) and limited pollution into surface waters of the U.S. through regulations and permitting. The EPA rule is now expected to cover fewer waterways and narrow existing protections, covering only wetlands adjacent to a major body of water, or bodies connected to a major waterway by surface water. Opponents of this rule have felt this repeal was long overdue and expect it will reduce federal permitting requirements for development and industry. History...

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Avoid Delays! How to get a Wetland Permit

Wetlands delineation

Efficient Wetland Permitting Like clockwork, the much-awaited onset of warmer weather in northern states brings the start of construction season. Contractors are actively digging and moving dirt, and in some cases, that activity impacts wetlands. Regardless of the season or locale, I have a few tips to help successfully identify and manage impacts to wetlands and other water bodies and how to obtain a subsequent wetland permit on construction projects. To begin with, if there is a chance that wetlands may be affected, I recommend early communication with regulatory agencies. This includes the United States Army Corps of Engineers (USACE)...

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The Importance of Timing a Wetland Delineation

Wetland delineation

A wetland delineation is a procedure that determines the location and extent of wetlands on a property. This is typically completed before a property can be developed due to state and federal laws that regulate fill or drainage of wetlands. The delineation evaluates and documents wetland indicators using soils, vegetation, and hydrology. The regulatory definition of a wetland pertains to sufficient soil saturation in the upper 12 inches of soil. This saturation affects soil properties as well as the types of plants that can grow, making the concept of the growing season inherent to the definition of a wetland. Poor...

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