Diversified Habitats

Frequently Asked Questions

May 09, 2008
Image of a Diversified Habitats project

Why should I care about wetlands?

The US Army Corps of Engineers has been given the responsibility to regulate the placement of fill and/or excavation in Jurisdictional Waters including wetlands. This responsibility was granted to the EPA in the Clean Water Act and delegated to the Corps by the EPA.

Jurisdictional Waters are defined as navigable waters, interstate waters, and all waters that may be used for interstate commerce and/or recreation, including their tributaries and associated wetlands.

Wetlands are areas that are inundated and/or saturated by surface or ground water long enough to support vegetation that is adapted for life in saturated conditions. Wetlands are considered to be important areas for wildlife, water quality and storm water retention.

Violation of the Clean Water Act may carry penalties up to $25,000. per day for each day the violation is in effect.

What is a wetland?

Wetlands are determined by a formal site review process known as a wetland delineation.

A Wetland Delineation is a technical evaluation to determine if wetlands are or are not present on the site. The delineation outlines the exact perimeter and size of the wetlands for the purpose of regulation under the Clean Water Act. The delineation follows procedures outlined by the Corps in the 1987 Wetland Delineation manual and identifies the soils, hydrology and vegetation on the site and makes a wetland conclusion for regulatory purposes. A wetland delineation is required prior to applying for a permit to fill or excavate a wetland.

A completed wetland delineation must have a letter from the Corps stating that the wetland boundaries have been accepted.

When should a delineation be completed?

A wetland delineation is not required unless a development activity is proposed for a site. Since the delineation is only good for five years and may change if conditions change it is not recommended that the delineation be completed too early. Ideally the delineation should be completed during the due diligence process of purchasing a property. At the latest, the delineation should be completed during the early planning stages for a project. The delineation may be used to help determine areas that may be avoided or included in open space. The delineation may also help determine the suitability of a site for development.

Who can complete a wetland delineation?

Anyone can submit a report to the Corps that identifies wetlands on a site. No formal qualifications are required to complete a wetland delineation report. However, the Corps does maintain a list of certified wetland delineators. These are people that have completed a certification process demonstrating that they are knowledgeable about wetlands and wetland regulations. The Corps has familiarity with these people and considers reports by certified delineators as more reliable and will process these reports more efficiently than reports submitted by someone who is not certified.

In rare cases, the Corps representative will personally complete a wetland delineation, however, due to time constraints this may be a lengthy process. The Corps will generally refer delineations to certified wetland delineators.

What is the process for approval of a wetland delineation?

A delineation is a formal report that contains the technical data regarding the wetland status for a site. This report is submitted to the Corps for review and approval. Often the Corps will visit the site and verify the wetland conditions in the field. The owner and consultant may or may not be invited on this field visit at the discretion of the Corps project manager. Following this review, the Corps will issue a letter of concurrence with the delineation and any limitations associated with the delineation. It generally takes about four to six weeks following submission of a report to receive an approval letter.

What if my site contains wetlands?

If wetlands have been identified on a site, they can not be filled or dredged without a Section 404 permit. If filling is proposed for a development project, the Corps should be contacted to determine what type of permit will be needed. A permit application includes stating the purpose and need to fill the wetlands, the type and amount of fill and how wetland impacts will be mitigated. The national policy is that there will be no net loss of wetlands, therefore, any wetlands filled must be replaced.

Prior to impacting wetlands the project must be reviewed to determine if there is any way to avoid wetlands or to minimize the wetland impacts. If neither of these options is possible or preferable then on-site mitigation or off-site mitigation may be considered.

Is there more than one kind of permit?

Several types of permits are available including nationwide, general and individual permits. The general permits authorize certain activities that are carried on routinely such as routine maintenance of streams and canals. Usually no pre notification is required to complete work under a general permit.

Nation wide permits

Nationwide permits authorize minor impacts to small, isolated wetlands. These permits are generally easier to obtain, but they still include agency review. These permits are usually available only for impacts of less than one-half acre.

Individual Permits

An individual permit is required for all other wetland impacts. These permits require alternative analysis and in-depth review of the wetland impacts. Individual permits may take more than six months to complete and include agency and public review periods.

How do I get started with a Permit Application?

You may wish to contact a consultant with experience in processing permits prior to making application. The permit process can be time consuming and cumbersome even if you know the ropes. It is not advisable to jump in and assume your outcome will be satisfactory. For those daring to continue, contact your local Corps office, in Utah call 801-295-8380 or visit the office at 1403 South 600 West in Bountiful. They can provide you with the appropriate forms and information regarding completing the application.

What is wetland mitigation?

The no net loss of wetlands policy requires that any impacts to wetlands be replaced. This is known as compensatory mitigation. Wetland mitigation may take place on the site where wetlands are located or off-site at another location.

Wetland mitigation involves creating or enhancing wetlands to replace the wetlands that were lost as a result of the wetland impacts. The Corps will generally require that land be deed restricted, water dedicated and a financial guarantee provided to ensure that the mitigation will be effective. Provisions for monitoring and maintenance of the mitigation will also be required for at least a three year period.

What is wetland mitigation banking?

In some areas a private or public entity has created wetlands that are intended to provide wetland mitigation for other projects. These wetlands are created in advance of project impacts and are approved through a process developed by the Corps. In cases where a bank is available, an applicant may purchase credits from a wetland bank to mitigate for losses at the impact site. Wetland bank credits may only be used within the same geographic service area approved by the Corps for the bank and they should be the same wetland type as those impacted.

For more information on wetland banking, see our wetland mitigation bank section.