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?

Thanks!
Comment
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

What do we know about urban wetlands?
130 Hits
0 Replies
Posted on Sunday, September 23 2018, 11:46 PM
Surveying attitudes to saltmarshes
239 Hits
0 Replies
Posted on Sunday, September 23 2018, 11:24 AM
What the world needs now to fight climate change: more swamps
233 Hits
0 Replies
Posted on Thursday, September 13 2018, 11:42 AM
Clean Water Rule affected states
368 Hits
2 Replies
Posted on Thursday, August 30 2018, 05:09 PM
Efficiency in the Field - App for Data Form
2875 Hits
3 Replies
Posted on Tuesday, August 29 2017, 07:59 PM

Categories

International
  1. 1 post
  2. 0 subcategories
Asia
  1. 1 post
  2. 0 subcategories
South Central
  1. 1 post
  2. 0 subcategories
Pacific Northwest
  1. 2 posts
  2. 0 subcategories
Mid-Atlantic
  1. 3 posts
  2. 0 subcategories
Central
  1. 2 posts
  2. 0 subcategories
General Wetland Topics
  1. 54 posts
  2. 0 subcategories