At the time of this document's writing, thirty-six states had limited or no wetland regulations applying to isolated wetlands.  In many of these states, such regulation was considered unnecessary as the U.S. Army Corps of Engineers - a federal body - was regulating many of these wetlands already.  In January of 2001 the Supreme Court reduced the scope of the Corps' Section 404 regulatory program, creating a gap in wetland regulation.  States with little or no regulation for isolated wetlands have four principle options for regulating such wetlands.

This document discusses those four options and provides a model comprehensive wetlands statute which would serve to close the SWANCC gap and bring legislative action in line with scientific understanding of what is necessary to achieve the goals of the Clean Water Act.

The full document is only available in PDF format and may be viewed or downloaded by clicking HERE.