Our nation and planet face many problems. Some are of great immediate significance and others we are just beginning to understand the depth of. The preservation of our nations wetlands seems to fit the second category. This paper will deal with what the author considers to be a three part problem. First, defining wetlands, and explaining the controversy that surrounds them. Second, fixing the legal issues dealing with wetland regulation. Finally, learning how to communicate to the general public what is Wetlands are lowlands which are waterlogged or covered with shallow or temporary waters. They may be marshes, swamps, bogs, fens, wet meadows, potholes, sloughs, or river-overflow lands (Cowardin).
Wetlands are a natural resource, supporting a vast and diverse range of plant and animal life, the full value of which is only beginning to be accounted. Settlers of the New World did not at first seek out the generous endowment of wetlands they found on this continent and generally regarded them as “wastelands”, an epithet which persists in the minds of many people today (Key).
Although the pace of exploitation of wetland resources perhaps did not parallel that of the felling of virgin timber or the breaking of the prairies, they now constitute one of the last frontiers of unutilized land and, for this reason, are dwindling in acreage faster than any other ecological system. The original wetland assets of the United States are estimated to have been 127 million acres, of which about 115 million acres were lost to drainage, filling, or flooding by 1955 (Lyons).
Wetland Research Paper
... The very first law that was set to protect wetlands was the wetland protection act of 1972. This basically undid what the ... seasonal waters. (Marshall, 1978). Another infamous type of wetland is the bog. These wetlands have for centuries have been shrouded with mystery.Bogs ... is not much public interest to save the wetlands. Well what exactly is a wetland? A lowland area, such as a marsh ...
(Much of this 127 million acres was located around the Gulf Coast area.) There still remains a body of this habitat of sufficient diversity and distribution to support a continental waterfowl population, various fur animals, farm and forest game, and warm-water fish of great economic and social value, as well as a rich natural reservoir of water, irreplaceable natural classrooms and laboratories, and a vast reserve of food (Cowardin).
Because they are subject to increasingly pressing claims from agriculture- culture, industry, recreation and wildlife, wetlands are becoming the focus of much controversy. Tension between exploitation, destruction and preservation interests is mounting, and the question of their most advantageous use has become on ecological and economic problem of high priority, requiring scientific evaluation of both short-term and long-term human needs and land capabilities, It is also a crucial ethical problem demanding intelligent consideration of the needs of our successors. For many years both private and governmental agencies have purchased and managed wetlands for public hunting grounds, waterfowl preserves, and the preservation of fish spawning areas. Certain wetlands, because of their representative or unique biotic communities, have been sat aside as scientific reserves (Cowardin).
In addition to these specific activities, these groups along with the scientific community have sought to identify other conservation values, associated with wetlands, requiring preservation for the The evaluation of these “conservation values” is at the heart of the wetlands debate. What constitutes a need to set aside certain pieces of land For each group that wants to preserve our nation’s wetlands there are two that want to exploit them. The main drive behind this exploitation “movement” is money. There are many economic benefits to be gained from the exploitation of our wetlands. The waterfowl, fish, and animals that preservationists strive to protect are the same ones that exploiters wish to reap Many do not see the inherent value in preserving any natural unique ecosystem. They do not understand, or accept that in order for life to continue flourishing on our planet, we need to protect as much natural diversity as Land Owners and developers who wish to carry out activities in wetland areas must cut through an obstacle course of red tape and laws before being approved for an activity. Federal wetland approvals can not be attained unless a state wetland permit approval has been secured. State and federal law may require a certification of water quality, environmental impact assessment, wetland ordinances compliance and compliance with coastal management. Each state’s regulatory scheme varies (Ross).
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It is necessary to determine the appropriate procedures when applying for a statewide permit. Minimal regulation may be required in some states, while in other states the regulation is stringent. Many states have given authority to local governments to regulate wetlands. When municipalities enact local wetland ordinances, an enabling law is usually passed that contains certain standards that must be maintained. To determine if a project is subject to state wetland regulation, the landowner should consult state wetland maps (Ross).
Under the Clean Water Act, the secretary of the Army may issue permits for the discharge of dredged fill mater into wetlands (Cowardin).
The process for applying for a permit is complex. The requirement for dredge and fill permits under the section 404 of the Clean Water Act applies to any private or governmental individual although there are some exemptions. The next step in the process involves obtaining a permit application. The application requirements are met when the following information is provided: 1) a complete description of the proposed activity. 2) The location, purpose and need for the proposed activity. 3) Scheduling of the activity. 4) The names addresses of adjacent structures. 6) A list of authorizations required by other federal, interstate, state or local agencies for the work. 7) Preliminary jurisdictional determination. 8) Signature (Davinport).
A controversial application requirement is contained in Corps regulation. “All activities which the plans to undertake which are reasonably related to the same project and for which a SA [Corps] permit would be required should be included in the same permit application.” There has been disagreement as to what constitutes “reasonably” related projects (Cowardin).
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Applicants many times submit separate applications for two related projects and escape scrutiny. In Russo Development Corp v. Thomas, a court rejected the Corps attempt to require separate properties on the basis that they were contiguous. Regulation includes specific requirements for the content of the The contents of public notice must “include sufficient information to give a clear understanding of the activity to generate”. The case, Environmental Coalition of Brouard County, Inc. v. Myers upheld the Corps’ issuance of a permit because the Corps had followed the regulatory procedures for public notice despite insufficient information containing in the public notice for proper evaluation. Any interested individual may make comments in a section 40d of the permit application. The district engineer will make the comments on a part of the administrative record of the application. The applicant is given the opportunity to contact the objectors if they choose, in an attempt to resolve The case, Mall Properties, Inc. v. Marsh exhibited the importance of conflict resolution. Mall Properties sued to reverse denial of a permit when it was not informed of a meeting. The court agreed that regulations require that an applicant be given opportunity to rebut comments made of the application (Davinport).
Due to the Clean Water Act, section 404 wetland program, individual states may adopt and administer their own wetland protection programs once approved by the Army Corps.
In Gazza v. New York State Department of Environmental Conservation a landowner sought review of a denial of his request to revamp a portion of his property designated as “formerly connected” wetlands (Ross).
The court dismissed the landowner’s petition. A facet of the case is whether the property in question should be classified as wetlands. In addition, the question was raised whether the formerly connected wetland, which was subject to action due to artificial means, should be deemed to have met the legal definition of wetlands. The court concluded that the area was properly mapped as wetland due to scientific evidence. In addition, the court held that to include artificially created wetlands unreasonably strains the statutory language. Ciampiti v. United States demonstrates the importance of checking both state and federal maps. This was an action to decide whether a permit denial to fill wetlands on the landowners property constituted a taking without just compensation under the Fifth Amendment to the United States Constitution. The court found no taking because the wetland permit denials did not interfere with distinct expectations in that the landowner knows about the difficulty attendant upon developing the wetlands well before he purchased the property (Ross).
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Wetland maps play an important role in the case. The case indicates how the state and federal wetland designations often overlap and how the two regulatory schemes mesh. The developer needs to be aware of both state and federal wetland delineation. With the amount of regulation a company or person must endure to develop a wetland area there are still a vast amount of development in these areas. It is very expensive to develop these areas, however, if one wetland is developed another is manmade in its place. To endure all of the hardships placed upon individuals much money, time and litigation is needed and used In many case the litigation required is supportive of the environment. There are however those times when a landowner is attempting to change things on his own property when the Army is all of a sudden involved. These laws are in place for the purpose of bettering the environment for the good of the people, even if it interferes with the public’s desires. The cases presented above are just the tip of the iceberg when it comes to dealing with the legal issues involving wetlands. Though, from these few cases you can begin to perceive the scope of the problem. Estimates vary, but it is safe to say that between the government and private institutions millions upon millions are spent each year in legal fees alone. That does not even include the money lost to time over delays for permits, decisions etc. What needs to be done is some national regulation. The federal government needs to set national standards for all conservation efforts. The federal government needs to step up and draw a consensus set of maps that covers all areas affected by it’s legislation.
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Next, the government, private industry, along with conservation/ preservation groups need to fork over enough money to start doing more research. Through research and research alone will we ever be able to know Part Three: Communication With The Public As in any relationship, the main problem often turns out to be a communication problem. The scientific community as a whole does not do a good job communicating with the public. Private industry, on the other hand, will go out and hire a person or even a firm of people just to communicate their ideas to the public. This leads to people accepting as “fact” what big The scientific community needs to get on their collective horses and begin learning how to show the public in laymen’s, if not more friendly terms, what they need to know. The concerned public, conservation groups, and all the like need to adopt the same agenda. What do they need to know? They need to know and understand the principals of conservation and biodiversity and what it can do for them. The public needs to be shown the wide array of medicines that can cure anything from cancer to chancre sores. They need to be shown the beautiful animals that will cease to exist if all of these areas are lost. The public needs to be shown the foods and energy sources that our wetlands can provide us with. They need to be shown that these areas can be used and enjoyed with out Industry needs to be shown that if they will work with the public and the government that millions of dollars can be saved in legal fees. Fees that would otherwise be lost to random laws and uncontinuous political Your average John Q. Citizen needs to learn the value of patience. He needs to be able to over come his immediate need for revenue and see that a sustained harvest is more beneficial over the long haul. That the unrestrained destruction of almost will never be the best answer.
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Each person or group needs to pull their weight, and wait their turn.
Then and only then can we slow down enough to understand and fix this problem. The fact of the matter is we can only improve if we work together
