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Regulation Environmental Protection Agency

Regulatory Links


EPA's Laws, Regulation and Guidance provides an overview of federal policies.

U.S. Army Corps of Engineers Permit Application and Instructions for Preparing a Department of the Army Permit Application.

For current legal and policy overviews on the issue of isolated wetlands: Advanced Notice of Proposed Rulemaking on the Clean Water Act definition of "Waters of the United States"

Supreme Court decision in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (SWANCC) please see the EPA Wetlands Division web site, the Association of State Wetland Managers.

For recent EPA Region 2 jurisdictional interpretation visit the Wehrle Drive special case decision document (document and figures).

 Overview of Regulating Agencies in EPA Region 2

Federal, state, Commonwealth of Puerto Rico, Territory of the Virgin Islands and some local agencies have enacted wetlands protection regulations.  These regulations differ from one another because Federal, State, Commonwealth, and Territory governments have developed wetland protection programs independently.  Most notably, regulations may differ in: the activities regulated, the regulation of buffer zones, and the acreage limit within regulatory authority.  We advise readers to contact the Corps of Engineers and State, Commonwealth, or Territory agencies prior to planned disturbance in wetlands. Disturbance in wetlands requires a permit from one or more regulating agencies. Failure to attain a permit where required can result in enforcement actions. At the federal level, this may require the creation of wetland areas for those lost and possibly monetary fines. Please contact the appropriate federal and regional offices before planning any projects affecting wetlands.

You will need Adobe Acrobat Reader, available as a free download, to view some of the files listed below. See EPA's PDF page to learn more about PDF, and for a link to the free Acrobat Reader.

Federal Agencies

The wetland regulatory process and roles of the responsible federal agencies are reviewed in EPA's Section 404 of the Clean Water Act: An Overview. The U.S. Army Corps of Engineers (Corps) administers the regulatory program, including individual permit decisions and jurisdictional determinations and, enforces regulatory provisions. EPA develops and interprets environmental criteria used in evaluating permit applications, approves and oversees State assumption, reviews and comments on individual permit applications and enforces Section 404 provisions.

Four Corps District offices operate within EPA Region 2:   Exit EPA disclaimer

 

Coordinating Federal Agencies

EPA coordinates wetland protection efforts with sister federal agencies. Exit EPA disclaimer

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