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One likely result is that case-by-case evaluations will then be required to determine if regulatory jurisdiction exists, the length of time to obtain section 404 permits will be longer than in the past. If federal jurisdiction is diminished, the responsibility to protect affected wetlands falls on states and local governments.
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 geographic extent of waters of the United States subject to section 404 permits fall under a broader definition and include tributaries to navigable waters and adjacent wetlands. The engineers must first determine if the waters at the project site are jurisdictional and subject to the requirements of the section 404 permitting program.
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.
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 ...
Wetlands are regulated in New York under the state's Freshwater Wetlands Act of 1975 and Tidal Wetlands Act of 1977. These statutes are in addition to federal regulation under Section 10 of the Rivers and Harbors Act of 1899, Section 404 of the Clean Water Act, and various Executive Orders.
The 1977 amendments included a set of six section 404 exemptions. For example, totally new activities such as construction of farm roads, Sec. 1344(f)(1)(E), construction of farm or stock ponds or irrigation ditches, and minor agricultural drainage, Sec. 1344(f)(1)(A), all are exempted by Statute.
This 3,107-acre WMA contains the largest freshwater wetland in southeastern New York, and is a state designated Bird Conservation Area. Its 1,920-acre wetland is a birdwatcher's dream, drawing birders during the spring warbler migration and spring and fall waterfowl migrations due to the influx of interesting birds.