For an example of how to close the gap created by the SWANCC decision, look at the model legislation from the Association of State Wetland Managers.

View an example of a local ordinance to protect wetlands.

Visit the Association of State Managers website for a current update of state wetland legislation.

The links below track wetland legislation across the states. Please note that SERC does not endorse every aspect of each statute. We caution legislators to avoid including mitigation language in any bill, as recent studies show only a third of wetland mitigation projects actually meet performance standards. For more information see the Washington State Department of Ecology’s report: Washington State Wetland Mitigation Evaluation Study.

Connecticut
2001 HB 5949 reasserts state authority to regulate tributaries and other inland wetlands in response to the recent decision of the United States Supreme Court in SWANCC. Additional information about Connecticut wetlands regulations can be found at:

• Inland Water Resources Program
• Section22a of Chapter 440 - Wetlands and Watercourses
• Water Quality Standards and Classifications

Florida
Florida wetlands are regulated by Ch. 373 of Florida Statutes. Part IV of that Statute is the State’s surface water regulatory program, which is jointly implemented by the state agency and 4 of 5 Water Management Districts using a mixture of rules adopted by the Department of Evironmental Protection and each specific Water Management District. This is a regulatory program that covers virtually any movement of soil surface or construction 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” wetlands. Wetlands are also governed by a stormwater program under ch. 62-25 that regulates most construction of impervious surfaces in uplands and wetlands.

Visit the Florida Department of Environmental Protection’s website to view the Statute’s implementation rules, as adopted by DEP and the WMDs.

Illinois
2001 HB 6013, the Wetlands Protection Act, regulates certain activities in areas that are designated as wetlands but that are no longer protected by the U.S. Army Corps of Engineers. This Act establishes criteria for issuing both general and individual permits for regulated activities, provides for permit fees and for penalties and enforcement of the Act, and creates the Wetlands Protection Fund. The Act also safeguards the state’s wetlands by placing regulating responsibility with the Department of Natural Resources (DNR) while also enlisting the assistance of local units of government, the federal government, and private citizens. Any proposed exemptions to the law must be submitted to the DNR and are subject to a $1000 per acre permit fee if accepted. The bill exempts all agricultural activity and provides grandfather privileges to counties that already administer their own wetlands protection policies.

Maine
The Natural Resources Protection Act focuses on “protected natural resources.” A permit is required when an “activity” will be:

(1) Located in, on, or over any protected natural resource; or

(2) Located adjacent to and operated in such a manner that material or soil may be washed into:

(A) A coastal wetland, great pond, river, stream, or brook, or significant wildlife habitat contained within a freshwater wetland; or

(B) Certain freshwater wetlands.

Under the Act, an “activity” includes dredging, bulldozing, removing, or displacing soil, sand, vegetation, or other materials as well as draining, filling, or any construction.

Maryland
The Wetlands and Waterways Program seeks to conserve valuable aquatic systems and provide for the environmental and economic needs of Maryland. It also seeks to identify and resolve gaps in current wetlands management for statewide conservation and preservation of wetland ecosystems and their functions through consistent federal, state, public, and private participation.

Massachusetts
The Wetlands Protection Act, 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 Wetlands Restriction Acts, MGL Chapter 131, Section 40A. Other relevant regulations include the Massachusetts Wetlands Protection Act Revised Pursuant to the River Protections Act.

The Wetlands Stewardship Act, 2003 SB 1226, incorporates wetlands stewardships and science-based resource management into existing wetland and open water body protection programs. This Act purports to allow advances in science to bring enhanced values and functions for wetlands, and creates a mechanism under which Massachusetts can take over the implementation of federal wetland permit programs which the Federal Government allows. The Act also states that it is in the best interest of citizens to fully incorporate wetland stewardship via scientific resource management into the Wetlands Protection Act.

Visit the Mass.gov website for general information about wetlands in Massachusetts.

Read about the Reasons behind the Massachusetts Wetlands Stewardship Act.

Michigan
Michigan’s wetland statute, Part 303 of the Natural Resources and Environmental Protection Act, requires that persons planning to conduct certain activities in regulated wetlands apply for and receive a permit from the state before beginning the activity. Under Part 303, the Department of Environmental Quality (DEQ) regulates wetlands, which are not connected to one of the Great Lakes or Lake St. Clair, or an inland lake, pond, stream, or river, if they are more than 5 acres in size and located in counties with a population of more than 100,000, or if DEQ has determined that these wetlands are essential to the preservation of the state’s natural resources and has notified the property owner.

For more information go to Michigan.gov’s website, specifically the Department of Evironmental Quality’s page: State, Federal and Local Wetland Regulations.

In 2001, Antrim County commissioners approved a wetlands protection ordinance, which was designed to avert a net loss of wetlands. The ordinance requires a landowner to obtain a county permit before filling, draining, or working in a wetland area of at least a half-acre in size, regardless of whether it is near a lake or stream. State law regulates only wetlands 5 acres or larger or near a body of water. Under the county ordinance, a wetland protection officer will review development proposals and work with the property owner on ways to avoid or lessen the impact on a wetland.

View the December 20, 2001 Associated Press story: “Antrim County ordinance boosts wetland protection.”

Minnesota
In 1991, the legislature approved the Wetlands Conservation Act, one of the most sweeping wetlands protection laws in the country at that time. An interim program became effective January 1, 1992, and lasted through January 1, 1994, when the full program began. Since then, almost 500 local units of government have administered the law, resulting in the protection or creation of up to 5,000 acres of wetland annually. The Legislature has amended the Act significantly three times, mostly to accommodate the varying needs of the different geographic areas of Minnesota.

New Hampshire
New Hampshire protects wetlands from “unregulated despoliation” under RSA 482-A. The law requires permits from the state agency for any dredging, excavation, filling, or construction of structures in wetlands or areas adjacent to designated prime wetlands. The law also states that “it is found to be for the public good and welfare of this state to protect and preserve its submerged lands under tidal and fresh waters and its wetlands, as herein defined, from despoliation and unregulated alteration, because such despoliation or unregulated alteration will adversely affect the value of such areas.”

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. Section 404 Permits of the U.S. Army Corps of Engineers have been revoked for New Hampshire, and almost all federal permitting is through the New Hampshire State Programmatic Permit.

For more information, go to the New Hampshire Department of Environmental Services’ website, specifically the Water Divsion Wetlands Bureau’s “Law” page.

New Jersey
New Jersey protects wetlands under the Freshwater Wetlands Protection Act. This law also protects transition areas or “buffers” around freshwater wetlands.

For an update of proposed changes to the existing regulations click here.

New York
The Legislature passed the Freshwater Wetlands Act of 1975 in response to uncontrolled losses of wetlands and related problems such as increased flooding. The Act, Article 24 of the Environmental Conservation Law, provides the state agency and the Adirondack Park Agency with the authority to regulate freshwater wetlands in the state.

To see the General Provisions and Public Policy of the Act, click here.

Ohio - An Example of how Mitigation can be Harmful
In June of 2001, the Ohio General Assembly passed HB 231 which was designed to provide protection for isolated wetlands. Many critics claim this bill does not go far enough and is lacking in several areas:

• It eliminated requirements to analyze alternative development approaches that avoid wetland impacts;
• It weakened public participation requirements;
• It eliminated requirements to evaluate the social and economic need for wetlands destruction.

In addition, the bill presumes that wetlands can be destroyed and equally mitigated. Mitigation refers to restoration, creation, enhancement and, in some cases, preservation of other wetlands as compensation for impacts to natural wetlands. But a new report issued by the National Academy of Sciences found that some required mitigation projects are never undertaken or are not completed. Of those completed, most are not fully evaluated and, in the ones that are, the committee and other scientists found shortcomings compared to nearby natural wetlands. In 2001, the debate on wetland legislation continued in the General Assembly with the introduction of HB 320, which would impact the state’s ability to regulate dredge and fill activity in other waters of the state.

Oregon
The Wetlands and Rivers Planning Statute promotes the maintenance and conservation of wetlands, provides an option for accomplishing off-site mitigation when such mitigation is required under a removal or fill permit, and offsets losses of wetland values caused by activities which otherwise comply with state and federal law in order to create, restore, or enhance wetland values and functions.

Oregon’s Wetlands Program has focused on effective integration of:

• Wetland resources into the land use planning program;
• State wetland regulations with federal regulations; and 
• wetland science into usable 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.

Pennsylvania
Pennsylvania Wetland Replacement Project establishes a fund to assist permit applicants in meeting the wetland replacement requirements in the Chapter 105 regulations. The fund minimizes the regulatory burden on the permit applicants while providing an avenue for viable and productive wetland restoration projects. The Department of Environmental Protection will utilize the fund to support private and public restoration projects that meet the following goals and objectives:

• Maintain the wetland resource base, values, and functions;
• Maintain and improve water quality;
• Create wetland dependent wildlife habitat; and
• Protect and restore stream regimes and riparian corridors.

In January of 2002, the Pennsylvania Growing Greener Program provided $102.3 million in watershed restoration grants, attracting another $139.5 million in local partner funding over the last three funding cycles. This funding resulted in over 188 miles of stream buffers planted and 4,200 acres of wetlands restored. It also helped more than 100 new watershed groups form and supported 153 watershed assessments that will lead to further work. The Growing Greener Watershed Grant Program won the 2001 Innovations Award from the Council of State Governments.

See the 2001 Environmental Milestones - Watershed Restoration announcement.

Rhode Island
The Freshwater Wetlands Act preserves and regulates the use of swamps, marshlands and other fresh water wetlands. Rhode Island’s Office of Water Resources is responsible for regulating alterations of freshwater wetlands through an orderly application process that verifies delineated wetland edges, determines the presence of wetlands, and reviews proposed projects.

Read the Office of Water Resource’s document, “Rules and Regulations Governing the Administration of the Freshwater Wetlands Act.”

The primary Rhode Island’s wetlands statutes can be found here.

For more information, visit the R.I. Department of Environmental Management’s website, specifically the Office of Water Resource’s Freshwater Wetlands’ webpage.

Vermont
The primary wetlands legislation enacted by the Vermont State Legislature is an act in 1986 (10 V.S.A. Chapter 37, Section 905(a)(7-9)) that established the statutory framework for identifying and protecting Vermont’s wetlands in accordance with the rules adopted by the Water Resources Board. These rules only apply to those wetlands which are determined to be “so significant that they merit protection.” The Board subsequently adopted the Vermont Wetland Rules in February 1990 under 10 V.S.A. § 905(7). The Act also amended several existing programs to include wetland protection. The goal of the Vermont Wetlands Office is to identify wetlands and to protect the functions and values that wetlands provide. Activities include education, project review, and enforcement.

View the Vermont Wetland Rules.

Virginia
In 1972, the Tidal Wetlands Act was enacted to authorize the Virginia Marine Resources Commission to issue tidal wetlands permits under Chapters 12 and 13 of Title 28.2 of the Code of Virginia. The Act allows the Department of Environmental Quality (DEQ) to provide the federal Water Quality Certification through issuing a Virginia Water Protection permit. In 2000, the General Assembly enabled DEQ to use the Virginia Water Protection Permit Program to regulate certain types of activities in isolated wetlands, which may not be under Federal jurisdiction. On December 13, 2000, the State Water Control Board opened public comment on proposed wetlands regulations. The documents below reflect language approved by the board and published in the Virginia Register in February of 2001.

To see the Virginia Wetland Regulations, click here.

The Commonwealth of Virginia also has embarked on an effort to gain 10,000 acres of wetlands statewide by the year 2010. This increase will be accomplished through an enhanced voluntary program that includes:

• An increased level of state agency coordination at the executive level;
• A thorough examination of state lands with wetland restoration potential;
• Re-examining voluntary restoration programs in light of regional water quality management objectives; and
• Forging new partnerships with local government and private interests.

Visit the Virginia Department of Environmental Quality’s website for more information about the Virginia Water Protection Permit Program.

Wisconsin
On May 7th, 2002, Wisconsin Governor Scott McCallum (R) signed a wetlands protection bill to give authority to the Wisconsin Department of Natural Resources to regulate the development of isolated wetlands. Wisconsin’s 2001 Act 6 was the first of its kind (see JS Online’s article: “Wisconsin starts wetlands trend”) to restore wetlands regulation to the state after federal authority had been revoked. 

Visit the Wisconsin Department of Natural Resources’ website for more information about Wisconsin wetlands.