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State Wetland Programs

State Program Summaries

Two thirds of the United States currently lack regulatory programs that comprehensively address wetlands and isolated wetlands in particular. Of the states that do have regulatory programs, statutes and regulations addressing wetlands and other isolated waters vary substantially. 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, click here.

ASWM Reports

ASWM has prepared a number of reports on the challenges faced by state-level wetland regulatory programs. Each report is available in PDF format and may be viewed and/or downloaded by clicking on the title, below:

Wetland Program Plans: A Strategic Tool for States & Tribes (March 2012) by Leah Stetson

Section 401 Certification Best Practices in Dredge and Fill Permit Programs (January 2012) by ASWM

The SWANCC Decision: State Regulation of Wetlands to Fill the Gap (March 4, 2004) by Jon Kusler, Esq.

Model State Wetland Statute to Close the Gap Created by SWANCC (February 22, 2001) by Jon Kusler, Esq.

Common Questions: State Wetland Regulatory Programs (June 26, 2006) by Jon Kusler, Esq., and Jeanne Christie.

Title Filter     Display #  
# Article Title Hits
1 Wetland Program Plans: A Strategic Tool for States & Tribes 1175
2 State Wetland Climate Change Adaptation Summaries Available 1147
3 2010 Wetland Mapping Summary Available 1048
4 Court rules on isolated wetlands 1363
5 NJ: Army Corps backs DEP in denial of bypass permit 1041
6 WI: Ripples from the Dunes column: Wetlands provide many benefits 1031
7 PA: EP hopes to bring light to plight of wetlands 1102
8 MN: Family donates large tract of prairie, wetland to MSU 1022
9 2011 State Wetland Conference 1910
10 WI: Bergstrom Wetlands Case Study 1854
11 State Wetland Delineator Certification Programs 2728
12 NC: Compensatory Stream and Wetland Mitigation in North Carolina: An Evaluation of Regulatory Success –Request for Comments 2088
13 MT: New Stream Mitigation Procedure for Montana 2058
14 The States' Definitions of 'Waters of the State' 1422
15 KY: New Kentucky Resource on Land Use & Water Now Available: Handbook Aids Communities with Growth and Water Resources 1260
16 NWF Report: Protecting and Restoring the Kidneys of the Great Lakes: An Assessment of Wetlands Programs in Michigan, Minnesota, Ohio and Wisconsin 1450
17 "How Will Rapanos Affect Us?” 1202
18 Delaware Estuary Report 1326
19 Great Lakes Regional Collaboration Habitat/Wetlands Initiative: A Progress Report and Call to Action 1223
20 Twine Line, Publication of the Ohio Sea Grant 1339