logo new
Login as: Member Non-Member
  1. Katherine Fontaine
  2. General Wetland Topics
  3. Tuesday, June 17 2014, 09:00 PM
I have a stupid question. Do stream and wetland mitigation areas automatically become waters of the U.S ?

I know they are supposed to be protected in perpetuity, but I have an unusual (or perhaps not so unusual?) case where they were not, and are now in different ownership. There is a small forested wetland remnant and a constructed stream channel on the property that were intended as mitigation for a (failed) former development. The constructed stream channel flows through the forested wetlands and into the development's storm sewer system, which ultimately flows to a constructed stormwater pond off site. Ordinarily, I would say the stream channel was nonjurisdictional (lacking direct connection or significant nexus with TNW), which would make the forested wetland remnant now isolated. But knowing they were intended for mitigation, I am not sure. Can the current owner proceed to develop the area if they wish with only a state level isolated wetland permit, or are both the stream and wetland waters of the U.S. because they were intended for mitigation? Can anyone shed any light on this?

There are no comments made yet.

There are replies in this post but you are not allowed to view the replies from this post.

Looking for a past discussion thread?

Visit the SWS Archived Forum

Recent Discussions

wetland delineations vs. underground utilities
405 Hits
1 Replies
Posted on Tuesday, February 20 2018, 09:51 PM
Freshwater protected areas
648 Hits
0 Replies
Posted on Saturday, January 06 2018, 05:45 AM
Is this a forum, really?
1202 Hits
2 Replies
Posted on Wednesday, November 22 2017, 04:20 AM
Efficiency in the Field - App for Data Form
1599 Hits
2 Replies
Posted on Tuesday, August 29 2017, 07:59 PM


  1. 1 post
  2. 0 subcategories
  1. 1 post
  2. 0 subcategories
South Central
  1. 1 post
  2. 0 subcategories
Pacific Northwest
  1. 2 posts
  2. 0 subcategories
  1. 3 posts
  2. 0 subcategories
  1. 2 posts
  2. 0 subcategories
General Wetland Topics
  1. 48 posts
  2. 0 subcategories