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 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.
State Wetland Programs