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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.
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.
After section 208's failure to control NPS water pollution, in 1987 Congress passed the Water Quality Act which included a new section 319 to address the problem of nonpoint sources. [30] This provision, also non-regulatory, authorizes EPA to fund demonstration programs and provide technical assistance to state and local governments.
The Clinton Administration’s commitment was to increase the fairness and flexibility as well as speed of permit issuances over dredged or fill materials into waters as a part of the implementation of the Section 404 of the Clean Water Act. It also aimed to resolve the differences in the delineation of wetlands area.
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.
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 ...
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 mall was opposed by Frank Logue, Mayor of New Haven, on grounds that the suburban mall would drain urban business away. [7] Logue subsequently uncovered federal laws; Section 10 of the Rivers and Harbors Act of 1899, [13] and Section 404 of the Clean Water Act, [3] requiring a permit from the Army Corps of Engineers to build on wetland. [14]