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SWANCC obtained the needed local and state permits, but the Corps, on the basis of the ponds and their use by migratory birds, asserted jurisdiction under section 404 and denied a permit. Section 404 requires permits for discharges to dispose of dredged and fill material into the nation's navigable waters, such as when a landowner undertakes ...
Under Section 404 of the CWA, a permit from the US Army Corps of Engineers is required to conduct certain activities that may impact wetlands. The developer must submit a Public Notice to their respective district of the US Army Corps of Engineers (USACE) requesting to carry out a project and associated ecological impacts on a wetland.
The New York State Department of Environmental Conservation (informally referred to as NYSDEC, DEC, EnCon or NYSENCON) is a department of New York state government. [4] The department guides and regulates the conservation, improvement, and protection of New York's natural resources; manages Forest Preserve lands in the Adirondack and Catskill parks, state forest lands, and wildlife management ...
The deadlock on action to protect wetlands was broken in 1987. On June 9, 1987, Governor Kean declared an 18-month moratorium on development in any of New Jersey's remaining 300,000 acres of freshwater wetlands, saying that he would lift the moratorium as soon as the New Jersey legislature sent him a bill protecting the wetlands that he could sign.
Rapanos v. United States, 547 U.S. 715 (2006), was a United States Supreme Court case challenging federal jurisdiction to regulate isolated wetlands under the Clean Water Act.
The CWA Section 404 Program regulates the discharge of dredged or fill material into waters of the United States. Permits are issued by the U.S. Army Corps of Engineers and reviewed by EPA, and may be denied if they would cause unacceptable degradation or if an alternative does not exist that does not also have adverse impacts on waters. [22]
The Coastal Wetlands Planning, Protection and Restoration Act (CWPPRA) is a 1990 United States federal law that provides funds for wetland enhancement. [1] The law is implemented by federal and state agencies, focusing on restoration of lost wetlands of the Gulf Coast , as well as protecting the wetlands from future deterioration.
Determining which wetlands are regulated under section 404 of the Clean Water Act [6] or Section 10 of the Rivers and Harbors Act is termed "jurisdictional determination". Determining the boundary of wetland, whether jurisdictional under sections 404 or 10, or not jurisdictional but still meeting the technical definition of a wetland, that is ...