February 8, 2002

New Federal Wetland Regulations

On January 15, 2002 revised wetland regulations were published in the Federal Register. These revisions will become effective March 18, 2002 and expire on March 19, 2007. The changes in regulations apply to the nationwide permits issued by the Army Corps of Engineers.

According to the Corps, the permits underwent several small but important changes. They believe the revised permits will do a better job of protecting aquatic ecosystems while simplifying some administrative burdens for the regulated public. Basically, they are trying to simplify the permitting of "minimal" impacts so they may focus more time on the more "substantial" impacts (individual permits).

There are two major changes to the nationwide permit:

1.) The Corps has changed the limit of linear footage of stream bed impact. An applicant may receive permission to impact greater than 300 linear feet of intermittent stream bed under the new Nationwide Permits, if the District Engineer determines that any adverse impacts of the project on the aquatic environment are minimal.
2.) The Corps no longer requires mandatory 1:1 compensatory mitigation for wetland impacts. Mitigation requirements are now at the discretion of the District Engineer. However, the 1:1 ratio will be required if the District Engineer deems it necessary.

Please remember that these changes only apply to the federal (404) permit issuance. Virginia and North Carolina still require state (401) permits for wetland impacts and there, requirements have not been changed.