Wetlands

Wetlands are unique habitats critically important to wildlife and water quality. The maze of policies and programs protecting or not protecting wetlands span local, state and federal government agencies.

One of the most frequently asked questions is: “How do we protect wetlands?” Wetlands are now universally appreciated for the myriad functions they provide society as well as for their intrinsic values. While their values are now better understood and appreciated, their protection still remains problematic. Wetland protection programs can be confusing, even to the seasoned wetland advocate. We offer the following information with the caveat that you will need to talk with a lot of resource people before solving your particular problem. The EPA has a good general website on wetlands at www.epa.gov/owow/wetlands. The references in Other Resources listings should give you a good background in general wetland issues. There are three basic questions that you will have to answer:

Do you have a wetland?

Where is the wetland?

Is a permit required to alter it?

Do You Have A Wetland?

Is your site a “regulatory” or “jurisdictional” wetland? Does it have the necessary water regime (hydrology), vegetation (wetland plants) and soil (hydric or saturated) to qualify as a wetland for which either the state or federal government will issue or deny a permit? Although these issues are complex, if it appears to have all three of these characteristics, it’s likely a wetland. Most local governments use the same definition of a wetland for regulatory purposes. Finally, even though you might be dealing with a wetland that provides valuable wildlife habitat and one that would be considered a wetland by any functional definition, it may not fall under the rubric of “regulated” wetland. That is, the U. S. Army Corps of Engineers and Oregon Department of State Lands or National Resources Conservation Service would not exercise their authority over wetland fills or removal if it is not considered a “regulated” wetland as determined by their wetland delineation manual. If it is not protected through local land use policies and the wetland is not a “regulated” wetland, chances of affording such a wetland any significant protection are low.

Where is the wetland? Determining Wetland Boundaries

Once you have determined that you have a wetland, one of the most confusing issues for the non-specialist is who has responsibility for mapping or determining where a wetland is located. You should go into any wetland issue with the knowledge that determining exactly where a wetland begins and ends is not as “black and white” as you might have anticipated.

The U. S. Army Corps of Engineers (USCOE) and Oregon Department of State Lands (DSL) use the 1987 Federal Manual for Identifying and Delineating Jurisdictional Wetlands. It is a tri-parameter method that looks at soils, vegetation and hydrology. The Natural Resources Conservation Service (NRCS) is the lead agency for wetland delineations on all agricultural lands, taking direction from the U. S. Farm Service Agency. Landowners can rely on NRCS for wetland determinations concerning the Farm Bill and Section 404 of the Clean Water Act. NRCS’ responsibility gives the landowner one wetland determination from the federal government. But, the Section 404 regulatory program is still administered by the USCOE and EPA. Therefore, NRCS has no role in actually issuing a permit.

USCOE, Oregon DSL,Washington Department of Ecology, U. S. Fish and Wildlife Service and NRCS have excellent publications which detail the functions and values of wetlands and provide definitions for the lay reader. Many local planning bureaus also have this information. Contact them to get basic information regarding wetland definitions, a description of wetland values and regulatory programs.

Who Ya Gonna Call?

Natural Resources Conservation Service (Portland)
503-326-3941
Oregon
Robert Graham, USDA, NRCS, State Conservationist:
503-414-3201, fax 503-414-3103
Washington

Oregon Department of State Lands:
Wetlands Planning Staff, 503-378-3805,
fax 503-378-4844

U. S. Army Corps of Engineers
Permit Section (Portland):
503-808-4373, fax 503-808-4375

U. S. Environmental Protection Agency, Wetland Questions Hotline: 800-832-7828 (run by contractor)
Region 10 Aquatic Resources Unit, 206-553-1200

Washington State Department of Ecology
Southwest Region Wetland Staff:
360-407-7273, fax 360-407-6305
Permitting

Wetland Permits
Wetland Inventories and Mapping
Water Quality Permits
Other Wetland Resources

Wetlands

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