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Wetlands.

1 September 2005

Wetlands. What do you picture when you think "wetlands?" Is it a nice pond/marsh where ducks fly in and land on water surrounded by vegetation like cat-tail, water lillies, and other attractive plants?

Wetlands are defined as:

  • [T]hose areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. [40 CFR 230.3(t)].

What does this mean? The Federal Government has defined wetlands as a "water of the United States" and states there are three criteria that must be present before an area is considered a wetland. Specifically, an area must have hydric soils, hydrophytic vegetation, and water within the top twelve inches of the soil surface for a duration sufficient to produce hydric soil conditions prior to be considered a wetland. If one or more of the criteria are not present, the area being investigated is not a wetland.

Corps of Engineers Still confused? The Corps of Engineers has produced the 1987 Wetlands Delineation Manual (Environmental Laboratory. 1987. Corps of Engineers wetland delineation manual—Technical Report Y-87-1. U.S. Army Engineers Waterways Exp. Stn., Vicksburg, MS.) that provides the technical process of determining if an area is a wetland under United States Law.

States have defined wetlands differently, and several states have their own laws defining and governing wetlands that may be more restrictive than the federal laws and regulations. Specifically, Massachusetts has Acts and Regulations that define areas as wetlands that would not be considered a wetland under the federal method. Like the federal government, Massachusetts has a Bordering Vegetated Wetlands Manual that describes the technical process of determining if an area is a wetland under Massachusetts Law.

Environmental Protection Agency For more information on wetlands, follow the following links.

Want more information? Post in the Environmental/Wetlands Section of the forums...

Counsel



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