WETLANDS Farm Bill 2007: Outlook for Wetlands Reserve Program and Other Conservation Programs by Leah Stetson, ASWM (10/07) How to Hire the Right Wetlands Consultant by Leah Stetson, MPhil HE, Association of State Wetland Managers, Inc. Although there are many types of wetlands consultants, and several of those are multi-talented, this report focuses on those traits that are highly valued in consultants who assist with the permitting process. Find out which questions are important to ask before hiring a consultant in this report, which is available at: http://www.aswm.org/fwp/consultant/consultant0607.pdf Understanding Federal, State and Local Dredge & Fill Permitting Programs by Leah Stetson, MPhil HE, Association of State Wetland Managers, Inc. (04/07) In response to receiving numerous requests for information about dredge and fill permits, ASWM investigated several ways that federal, state and local permitting programs have used to deal with violators, as well as to educate the public. These included wetland education and regulatory workshops, technology and GIS mapping. Available at: http://www.aswm.org/swp/design_wetlands/dredge_&_fill_0407.pdf Common Questions: Constructing Wetland Boardwalks and Trails by Jon Kusler, Association of State Wetland Managers, Inc. (06/26/06) Common Questions: Wetland Classification by Jon Kusler, Association of State Wetland Managers, Inc. (06/26/06)     Common Questions: Wetland Protection and the Protection of Migratory Birds by Jon Kusler, Association of State Wetland Managers, Inc. (06/26/06) Common Questions: Wetland Definition, Delineation, and Mapping by Jon Kusler, Association of State Wetland Managers, Inc. (06/26/06) Common Questions: Wetland Festivals by Jon Kusler and Ralph Tiner, Association of State Wetland Managers, Inc. (06/26/06) Common Questions: Definition of the Terms Wetland "Function" and "Value" by Jon A. Kusler, Association of State Wetland Managers, Inc. (06/26/06) Common Questions: Wetland Guidance for Engineers by Jon Kusler, Association of State Wetland Managers, Inc. (06/26/06) Common Questions: Wetlands and Ecotourism by Jon Kusler, Association of State Wetland Managers, Inc. (06/26/06) Wetland and Watershed Protection Toolkit: Guidance Materials for Local Governments in New York State by Jennifer Brady-Connor, Information Specialist, ASWM (January 2002) The Toolkit is a collection of materials designed to encourage, aid and improve the incorporation of wetland and watershed management into local government comprehensive planning. Use of the Toolkit should also facilitate increasing development of and use of wetland and watershed management plans, increased understanding of and compliance with wetland regulations, and reducing of point-and nonpoint-source pollution. The Toolkit has been published online at http://aswm.org/lwp/nys. It is also available in limited quantities as a CD-ROM and within a three-ringed binder. Contact the Association to request a copy. Wetlands Outreach: Getting the Message Out: New Techniques and New Partners for the Millennium by Jeanne Christie, Executive Director, Association of State Wetland Managers, Inc. (2001). The report is a synthesis of two days of discussion on wetland outreach among 45 wetland outreach professionals from around the country. Participants included representatives from state, federal and local governments as well as not-for-profit organizations. Common Questions: Establishing Local Government Wetlands and Watershed Management Programs by Jon Kusler, Jennifer Brady-Connor, and Nan Stolzenberg, Association of State Wetland Managers, Inc. (2001) This summary is based upon several more detailed reports available from ASWM including Wetlands and Watershed Management, A Guide for Local Government and Wetlands and Watershed Management: A Collection of Papers, Association of State Wetland Managers, Inc. Common Questions Brochure: Resource Protection Options for NY Communities -Planning and Zoning Techniques by Nan Stolzenberg, AICP, Association of State Wetland Managers, Inc. (2001) There are numerous regulatory and non-regulatory techniques to assist communities in meeting their resource protection goals. Incorporating one, many, or all of these techniques will maintain a balance between development and open space, and help retain a community’s quality of life. Return to top. LEGAL ISSUES "Significant Nexus" and Clean Water Act Jurisdiction by Jon Kusler, Esq., Pat Parenteau, Esq., Edward A. Thomas, Esq. (03/5/07) ASWM has posted a draft discussion paper that provides a detailed description of the Carabell/Rapanos decision and other relevant court cases. It includes recommendations on how the agencies should proceed as they pursue guidance and/or rulemaking. It is posted as a draft document and comments and ideas are welcome through the end of January. Recommended Actions to Clarify Clean Water Act Jurisdiction Following Issuance of the Consolidated Decision, Rapanos v. U.S. 126 S. Ct. 2208 (S.Ct. 2006) Discussion Paper Rapanos V. United States "Significant Nexus" and Waters Subject to the Clean Water Act Jurisdiction by Jon Kusler, Esq., Association of State Wetland Managers, Inc. and Pat Parenteau, Esq., Vermont Law School Common Legal Questions: Landowner Liability for Draining or Filling Wetlands by Jon Kusler, Association of State Wetland Managers, Inc. (06/26/06) Common Questions: The SWANCC Decision; Role of the States in Filling the Gaps by Jon Kusler and Jeanne Christie, Association of State Wetland Managers, Inc. (06/26/06) Common Questions: Wetland Assessment Methods and the Courts by Jon Kusler, Association of State Wetland Managers, Inc. (06/26/06) Common Legal Questions: Wetland Regulations by Jon Kusler, Association of State Wetland Managers, Inc. (06/26/06) Common Legal Questions: Wetland Regulations: Avoiding Legal Problems; Winning Legal Challenges by Jon Kusler, Ph.D., Esq., Association of State Wetland Managers, Inc. (06/26/06) "Waters of the U.S." After SWANCC by Jon Kusler, Esq., Association of State Wetland Managers, Inc. (10/6/05) This paper was prepared for a workshop on Clean Water Act Jurisdiction held by ASWM in October 2005. The paper includes an examination of the Clean Water Act definition of waters, the SWANCC decision, and court cases and administrative guidance relevant to SWANCC. It also includes discussion on legal and factual issues important to identifying jurisdictional wetlands in the field. The draft paper is posted at: http://www.aswm.org/calendar/legal/legalpaper.pdf Status and Trends; Avoiding Legal Problems: State and Local Wetland Regulations in the Courts by Jon Kusler, Esq., Association of State Wetland Managers, Inc. (Draft 11/01/04) This report was developed to assist planners, regulators, attorneys, and others implementing state and local wetland regulations. The SWANCC Decision: State Regulation of Wetlands to Fill the Gap by Jon A. Kusler, Association of State Wetland Managers, Inc. (Revised 03/04/04) Position Paper on Clean Water Act Jurisdiction Determinations Pursuant to the Supreme Court’s January 9, 2001 Decision, Solid Waste of Northern Cook County v. United States Army Corps of Engineers (SWANCC) Presented to Administrator Whitman, United States Environmental Protection Agency by the Association of State Wetland Managers and the Association of State Floodplain Managers Prepared by Patrick Parenteau, Vermont Law School. (December 2001) The Association of State Wetlands Managers (ASWM) and Association of State Floodplain Managers released a position paper outlining their concerns and declaring their support for clear regulatory guidance. To review the position paper that was sent to EPA Administrator Christine Whitman, visit http://www.aswm.org/swancc/position.pdf The SWANCC Decision and State Regulation of Wetlands Prepared by Jon Kusler, Esq. for the Association of State Wetland Managers, Inc. (June 2001) The revised memorandum concerning the SWANCC decision prepared by Jon Kusler, Esq. for the Association of State Wetland Managers (ASWM) may be quoted or sent on to others if credit is provided. The memorandum first describes the SWANCC decision and its implications for federal Clean Water Act regulation of wetlands. Next it considers the ability of existing state and local regulations to regulate waters that may no longer fall under federal Clean Water Act jurisdiction. It concludes with a discussion of options for filling the gaps in wetland regulation and the possible implications of the decision to the states. ASWM welcomes any comments on the memorandum. We also welcome more precise figures concerning acreages, numbers and types of isolated wetlands affected by the decision. Please state your assumptions concerning "tributary" and "adjacency". We hope you find the memorandum useful. Model State Wetland Statute to Close the Gap Created by SWANCC by Jon Kusler, Esq., Association of State Wetland Managers, Inc. (Draft 02/22/01) This project is helping states fill the gap in federal regulations for isolated wetlands and other waters by providing examples of statutes and guidelines for various types of wetland programs and posting these on the ASWM web page for distribution and discussion. Return to top. STATE State Wetland Delineator Certification Programs by Leah Stetson, MPhil HE, Association of State Wetland Managers, Inc. (06/07) Four states currently have active programs that recognize wetland delineators. Of these four states, three certify wetland delineators and a fourth state has begun a pilot program to assure delineators' work. Several other states are in the early stages of developing a certification program for wetland delineators. Learn more about these programs at: http://www.aswm.org/swp/certification/ certification0607.pdf Common Questions: State Wetland Regulatory Programs by Jon Kusler and Jeanne Christie, Association of State Wetland Managers, Inc. (06/26/06) Web-based Update of State Wetland Regulations. Status and Emerging Trends (2005) Fifth update of ASWM's Status and Trends report with summaries of wetland and wetland-related regulatory programs in 50 states. It has been posted on the web for the first time. Available at: http://www.aswm.org/swp/statemainpage9.htm Addressing the Gaps: A Federal, State, Tribal and Local Partnership for Wetland Regulation by Jon Kusler, Ph.D., Association of State Wetland Managers, Inc. (10/1/04) This updated report identifies and discusses the roles played by various levels of government in wetland regulation. Return to top. ASSESSMENT Wetland Assessment: Measuring the Quality of the Nation's Wetlands by Leah Stetson, ASWM (02/08) Common Questions: Wetland Assessment by Jon A. Kusler, Association of State Wetland Managers, Inc. (06/26/06) Recommendation of Reconciling Wetlands Assessment Techniques by Jon Kusler, Ph.D. (04/06).  This paper has been prepared to stimulate thinking.  It is a background paper for an ASWM project concerning the reconciliation of wetland assessment techniques, and it has been used for discussion in several conferences. The overall goals of the project and paper are (1) to help federal, state and local agencies prepare guidance on the use of specific wetland assessment techniques, particularly for regulatory purposes, and (2) to facilitate longer term development of multi-objective assessment techniques which incorporate the promising features of existing techniques and avoid their weaknesses. Wetland Assessment for Regulatory Purposes: Report Series by Jon A. Kusler, Esq., Ph.D. (Please click on title to view in PDF) Final Report 1: Assessing Functions and Values by Jon Kusler, Ph.D. (09/04) Draft Final Report 1 focuses on the assessment of wetland functions and values for regulatory purposes.  It examines, in greater depth, regulatory needs for assessing functions and values and discusses assessment techniques and methods in light of those needs. This report considers why assessment of functions and values is so difficult and strategies for dealing with problems and limitations.  It addresses why there is so much confusion concerning assessment methods and suggests how this confusion might be reduced.  It examines lessons learned in assessing functions and values and makes recommendations for future efforts. Final Report 2: Wetland Assessment in the Courts by Jon Kusler, Ph.D. (09/04) Draft Final Report 2 focuses more specifically on legal (Constitutional, statutory, administrative regulation, or ordinance) requirements.  This report is based upon an extensive analysis of wetland, floodplain, and other resource case law. Final Report 3: Integrating Wetland Assessment into Regulatory Permitting by Jon Kusler, Ph.D. (09/04) Draft Final Report 3 proposes a five-step wetland regulatory assessment process reflecting the analysis and recommendations contained in the earlier two reports. The report is not a “cookbook.”  Rather, it suggests processes and factors that regulatory agencies should consider in establishing their own assessment methods, consistent with the five overall steps.  This report contains many appendices and other materials. Return to top. LOCAL GOVERNMENT/LAND TRUSTS Protecting and Restoring Wetlands: Strengthening the Role of Land Trusts by Jon A. Kusler, Association of State Wetland Managers, Inc. (Draft 05/15/07) This paper has been written to help strengthen the role of land trusts in protecting and restoring wetlands. First, it provides examples of how land trusts are protecting and restoring wetlands. References are provided of land trust web sites for readers who wish more detailed information. Second, it suggests how federal, state, and local governments could encourage and help land trusts protect and restore wetlands. Protecting and Restoring Wetlands: Strengthening the Role of Local Governments by Jon A. Kusler, Association of State Wetland Managers, Inc. (Draft 05/15/07) This paper has been written to help strengthen local government wetland protection and restoration efforts. It first considers options for local governments to strengthen their protection and restoration efforts. Many web site references are provided for those wishing more detailed information. It then considers measures federal agencies, states, land trusts and others could take to encourage and help local governments strengthen their efforts. A Guide for Local Governments: Wetlands and Watershed Management by Jon Kusler, Ph.D. et al., Association of State Wetland Managers, Inc. (10/1/03)  This guidebook has been written to help local governments integrate water resources management and wetland ecosystem protection efforts.  The guidebook has been written for engineers, biologists, botanists, planners, not for profit staff, legislators and others. It makes recommendations for integrating wetlands into broad watershed management efforts and more specific water programs including floodplain management, stormwater management, source water protection, point source pollution control, and nonpoint source pollution control programs.  Case study examples are provided from throughout the Nation. Wetland Protection and Restoration Guides for Local Communities and Nonprofits Complete list of Guides (6/06) Common Questions: Establishing Local Government Wetlands and Watershed Management Programs by Jon Kusler, Association of State Wetland Managers, Inc. (06/26/06) Common Questions: Land Trusts and the Protection/Restoration of Wetlands by Jon Kusler, Association of State Wetland Managers, Inc. (06/26/06) Common Questions: Local Government Wetland Protection Programs by Jon Kusler, Association of State Wetland Managers, Inc. (06/26/06) Common Questions Pertaining to Establishing a Wetland and Watershed Management Plan by Jon Kusler, Jennifer Brady-Connor, and Nan Stolzenberg (2001) Return to top. RESTORATION Developing Performance Standards for the Mitigation and Restoration of Northern Forested Wetlands by Jon Kusler, Ph.D., Association of State Wetland Managers, Inc. (08-01-06) The science of restoring forested wetlands in the north has lagged behind b ottomland hardwoods and other forested wetland types. ASWM is developing a white paper to sum marize existing information on restoration of these wetlands, identify specific gaps in knowledge and make recommendations to improve our understanding of how to restore northern forested wetlands.   Common Questions: A Guide for Legislators: Wetland Protection and Restoration by Jon Kusler, Association of State Wetland Managers, Inc. (06/26/06) Common Questions: Wetland Restoration, Creation, and Enhancement by Jon Kusler, Association of State Wetland Managers, Inc. (06/26/06) Multi-Objective Wetland Restoration in Watershed Contexts by Jon Kusler, Ph.D., Association of State Wetland Managers, Inc. (11/1/04) This report focuses on multi-objective wetland restoration projects. Fifteen case study profiles are included. Return to top. CLIMATE CHANGE Wetlands and Global Climate Change by Leah Stetson, MPhil HE, Association of State Wetland Managers, Inc. (0207) This overview of climate change-related impacts to wetlands focuses on sea level rise and carbon sequestration. Several recent studies and research projects are highlighted. A few states have begun to make changes to wetlands and coastal management practices and policies in response to recently released reports on climate change and its effect on wetlands and coastal areas. Available at: http://www.aswm.org/science/climate_change/wetlands_ climate_change.pdf For more information on wetlands and climate change, visit: http://www.aswm.org/science/climate_change/climate_ change.htm Common Questions: Wetland, Climate Change, and Carbon Sequestering by Jon Kusler,, Association of State Wetland Managers, Inc. (06/26/06)   Return to top. FLOODS Professional Liability for Construction in Flood Hazard Areas by Jon Kusler, Esq., Association of State Wetland Managers, Inc. (05/14/07) Prepared for the Association of State Floodplain Managers Foundation

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