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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.
Koontz v. St. Johns River Water Management District, 570 U.S. 595 (2013), is a United States Supreme Court case in which the Court held that land-use agencies imposing conditions on the issuance of development permits must comply with the "nexus" and "rough proportionality" standards of Nollan v. California Coastal Commission and Dolan v.
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 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.
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.
There are a number of government agencies in the United States that are in some way concerned with the protection of wetlands. The top five are the Army Corps of Engineers (ACoE), Natural Resources Conservation Service (NRCS), Fish and Wildlife Service (FWS), National Oceanic and Atmospheric Administration (NOAA), and the Environmental Protection Agency (EPA). [5]
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 ...