INTRODUCTION: 

Two thirds of the United States currently lack regulatory programs that comprehensively address wetlands and isolated wetlands in particular.  This has become a topic of increasing debate and concern following the recent Supreme Court case removing isolated waters from Clean Water Act jurisdiction.  [See SWANCC Decision and State Regulation of Wetlands at http://www.aswm.org/fwp/swancc] In response the Association of State Wetland Managers has provided a model legislation, The SWANCC Decision: State Regulation of Wetlands to Fill the Gap (PDF Format)

States and other interested parties who are assessing the potential to introduce legislation are encouraged to use the model legislation as a possible template and departure point for discussion within their state.   State statutes and regulations addressing wetlands and other isolated waters vary substantially from state to state.  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. 

Understanding and comparing state statutes and regulations from state to state is not an easy task.   Some states have very prescriptive information in their statutes while others have utilized broad statutory authorities and the details are contained in regulations.   Other states have a combination of both. States also develop policies and guidance to implement regulations.  Below is a list of states with programs that regulate wetland resources and links to their statutes and regulations.  Please note that in many states references to wetlands and related water resources may be linked among several statutes and regulations.  A full picture of how the state wetland regulatory program works in an individual state may require examination and review of additional statutes and/or regulations beyond the links provided here. 

INDEX:

CONNECTICUT
FLORIDA
MAINE
MARYLAND
MASSACHUSETTS
MICHIGAN
MINNESOTA
NEW HAMPSHIRE
NEW JERSEY
NEW YORK
OREGON
PENNSYLVANIA
RHODE ISLAND
VERMONT
VIRGINIA
WISCONSIN

---

CONNECTICUT

Connecticut regulates wetlands through Section 22a of the General Statues and Section 303 of the Clean Water Act
http://www.cga.state.ct.us/2001/pub/Chap440.htm Section22a, Chapter 440 - Wetlands and Watercourses http://www.dep.state.ct.us/ Summary of the Water Quality Standards and Classifications
http://www.cga.state.ct.us/2001/pub/Chap446k.htm Section 22a, Chapter 446k - Water Pollution Control

FLORIDA

http://www.dep.state.fl.us/legal/legaldocuments/statutes/statutelist.htm - Ch. 373 Florida Statutes. Part IV of that Statute is the State's surface water regulatory program, which is jointly implemented by DEP and 4 of 5 Water Management Districts using a mixture of rules adopted by DEP and/or each specific WMD.  This is a regulatory program that covers virtually any movement of soil surface or construction of structures anywhere in the peninsula of Florida, from coast to coast, including uplands and wetlands. The exception is that, within the panhandle (roughly from Escambia County eastward to Jefferson County) the program is implemented using a dredge and fill permit program (under ch. 62-312, F.A.C.) that is limited to surface waters and "contiguous" (not isolated) wetlands, and a stormwater program (under ch. 62-25) that regulates most construction of impervious surfaces (in uplands and wetlands).  The Statute's implementation rules, as adopted by DEP and the WMDs, may be found at http://www.dep.state.fl.us/water/wetlands/erp/rules/guide.htm.  Also visit the Florida Legislature’s web page at http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL
=Ch0373/titl0373.htm&StatuteYear=2000&Title=%2D%3E2000%2D%3EChapter%20373

MAINE

The Maine Natural Resources Protection Act (NRPA) is the State's vehicle for wetland protection. For the regulatory language visit:
http://janus.state.me.us/dep/blwq/docstand/nrpapage.htm#stat

MARYLAND

MDE's Wetlands and Waterways Program seeks to conserve valuable aquatic systems; providing for the environmental, economic and resource needs of Maryland. For the regulatory language visit:
http://www.mde.state.md.us/Programs/WaterPrograms/Wetlands_Waterways/index.asp

MASSACHUSETTS

The Wetlands Protection Act [Massachusetts General Laws (MGL) Chapter 131, Section 40] protects wetlands and the public interests they serve. Permanent restriction orders have been placed on selected wetlands in over 50 communities under the Inland and Coastal Wetlands Restriction Acts (MGL Chapter 131, Section 40A, and MGL Chapter 130, Section 105). Also see Regulations for the Massachusetts Wetlands Protection Act Revised Pursuant to the River Protections Act [http://www.state.ma.us/dep/brp/ww/files/310cmr10.pdf] General information is located at http://www.state.ma.us/dep/brp/ww/rpwwhome.htm.

MICHIGAN

Michigan's wetland statute, Part 303, Wetlands Protection, of the Natural Resources and Environmental Protection Act, 1994 PA 451, requires that persons planning to conduct certain activities in regulated wetlands apply for and receive a permit from the state before beginning the activity. For the regulatory language visit:
http://www.michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-451-1994-III-1-INLAND-WATERS-303

MINNESOTA

The MN Legislature approved the Wetlands Conservation Act, one of the most sweeping wetlands protection laws in the country, in 1991. An interim program became effective January 1, 1992, through January 1, 1994, when the full program began. Since then, almost 500 local units of government have agreed to administered the law locally, resulting in the protection or creation of approximately 4,000-5,000 acres of wetland annually. The Legislature has amended the WCA significantly three times, mostly to accommodate the varying needs of the different geographic areas of Minnesota. For the regulatory language visit:
http://www.bwsr.state.mn.us/wetlands/wca/index.html

NEW HAMPSHIRE

New Hampshire protects its tidal and nontidal wetlands and surface waters from "unregulated despoliation" under State law RSA 482-A, and rules promulgated under that chapter.  The law requires permits from the NH Department of Environmental Services for any dredging, excavation, filling, or construction of structures in wetlands, surface waters, areas within 100 feet of the highest observable tideline, sand dunes, or areas adjacent to designated prime wetlands.  Permitting and enforcement is centralized at the State level; Municipal Conservation Commissions have a statutory intervention status, and can place a 40-day hold on any permit application they wish to investigate.  US Army Corps 404 Nationwide Permits have been revoked for New Hampshire, and almost all federal permitting is through the New Hampshire State Programmatic Permit.For the regulatory language visit:
http://www.des.state.nh.us/wetlands/rule-law.htm

NEW JERSEY

New Jersey protects wetlands under the New Jersey Freshwater Wetlands Protection Act, N.J.S.A. 13:9B. This law also protects transition areas or "buffers" around freshwater wetlands. For the regulatory language visit:
http://www.state.nj.us/dep/landuse/njsa/njsa.html For an update of propsed changes to the existing regulations visit http://www.state.nj.us/dep/landuse/announce/fww_prop/fwwfinal.pdf

NEW YORK

The NYS Freshwater Wetlands Act (FWA), Article 24 of the Environmental Conservation Law, provides DEC and the Adirondack Park Agency with the authority to regulate freshwater wetlands in the state. The NYS Legislature passed the Freshwater Wetlands Act in 1975 in response to uncontrolled losses of wetlands and problems resulting from those losses, such as increased flooding. The FWA contains the following Declaration of Policy:
http://www.dec.state.ny.us/website/dfwmr/habitat/wetdes.htm.

OREGON

Oregon's Wetland Program has focused on effective integration of wetland resources into Oregon's land use planning program, of state wetland regulations with federal regulations, and of wetland science and wetland regulations. The Program maintains and updates a statewide wetland inventory, works cooperatively with local governments to conduct and review local wetland inventories and wetland conservation plans, responds to land use notices from local planning departments, reviews wetland delineations conducted by private consultants, and develops public information and training materials related to wetlands. For general information visit www.oregonstatelands.us. To view Oregon's 1999 EDITION Wetlands and Rivers; Removal and Fill; Ocean Resource Planning Statute visit http://www.leg.state.or.us/ors/196.html
www.oregonstatelands.us

PENNSYLVANIA

PA's Waterways, Wetlands, and Erosion Control information and statues may be found at http://www.dep.state.pa.us , then select the cyber library button on the top of the page. When the library opens choose Pennsylvania code, then search. On the search page at the full text box type "Dam Safety and Waterways Management". In the box below choose Title 25. There are several chapters listed. The wetland specific regulations are found at Chapter 105.1 through 105.452. For other wetland information visit http://www.dep.state.pa.us and use the Hot button link "wetlands". Permit applications are found by selecting the Return to the Bureau of Watershed Management line and then selecting the electronic / application forms. Then select Water Obstructions & Encroachments and Wetlands.

RHODE ISLAND

Rhode Island's DEM Office of Water Resources is responsible for regulating alterations of Rhode Island's freshwater wetlands through an orderly application process that verifies delineated wetland edges, determines the presence of wetlands, & reviews proposed projects in & adjacent to freshwater wetlands for any applicant who is the owner of the property in question. Rhode Island's regulations can be found at:
http://www.state.ri.us/dem/pubs/regs/REGS/WATER/WETLND98.PDF
The primary statute can be found at:
http://www.rilin.state.ri.us/Statutes/TITLE2/2-1/INDEX.HTM
More information about their Wetlands program can be found at:
http://www.state.ri.us/dem/programs/benviron/water/permits/fresh/index.htm

VERMONT

The goal of the Vermont Wetlands Office is to identify wetlands and to protect the functions and values that wetlands provide. Activities to achieve this goal include education, project review, and enforcement. The primary wetlands legislation enacted by the Vermont State Legislature is the 1986 Act Relating to the Regulation of Wetlands. The Act directed the Water Resources Board to adopt rules for the identification and protection of those wetlands that are so significant that they merit protection. The Board subsequently adopted the Vermont Wetland Rules in February 1990. The Act also amended several existing programs to include wetland protection. Find the VT Wetland Regulations at:
http://www.anr.state.vt.us/dec/waterq/wetwhatis.htm

VIRGINIA

In response to 2000 legislation, the Virginia Water Protection Permit Program Regulation restore the regulatory jurisdiction of the Department of Environmental Quality (DEQ) in issuing water protection permits over specific areas known as isolated wetlands and over a specific type of excavation activity known as Tulloch ditching, which is a method used to actively drain wetlands without adding fill to the wetland. In addition, the regulation shortens the time allowed for DEQ to issue a permit, expands the maximum time allowed for a permit by 10 years, and allows an applicant to make more changes that qualify as a minor modification to an existing permit.

Changes made to the regulation since its publication as proposed have included clarification of definitions, clarification of exemptions and exclusions, and clarification of the evaluation of compensatory mitigation options. A provision has been added to allow for certifications of Corps of Engineers nationwide or regional permits as meeting the requirements of this regulation after an approval period involving public comment.

The final regulation became effective August 1, 2001 and is available at:
http://leg1.state.va.us/000/reg/TOC09025.HTM#C0210.

Virginia Water Protection Permit Program is available at:
http://www.deq.state.va.us/wetlands/.

WISCONSIN

Wisconsin's 2001 Act 6 re-establishes state control over isolated wetlands. For more information visit http://www.dnr.state.wi.us/org/water/fhp/wetlands/index.htm