State Wetland Programs - old 2-20-12

Nationwides - Corps Seeks Comments Until April 18th, 2011 

The U.S. Army Corps of Engineers (Corps) is soliciting comments for the reissuance of the existing nationwide permits (NWPs), general conditions, and definitions, with some modifications.  Comment date has passed (April 18, 2011).

The current set of nationwide permits expires March 18, 2012. The nationwide permits being proposed now will replace the existing set. For the Nationwides information, click here.  For a Summary of the Proposed 2012 Nationwide Permits (revised), click here.

State Program Summaries

Two thirds of the United States currently lack regulatory programs that comprehensively address wetlands and isolated wetlands in particular. Of the states that do have regulatory programs, statutes and regulations addressing wetlands and other isolated waters vary substantially. To further understanding of the various approaches available for developing statutory and regulatory language, we have provided links to statutes and regulations in the states with existing programs, click here.

NAWM Reports

NAWM has prepared a number of reports on the challenges faced by state-level wetland regulatory programs. Each report is available in PDF format and may be viewed and/or downloaded by clicking on the title, below:

The SWANCC Decision: State Regulation of Wetlands to Fill the Gap (3/4/04) by Jon Kusler, Esq.

Model State Wetland Statute to Close the Gap Created by SWANCC (2/22/01) by Jon Kusler, Esq.

Common Questions: State Wetland Regulatory Programs (6/26/06) by Jon Kusler, Esq., and Jeanne Christie.