Current Issues in Wetland Delineation

• Overview

Many project proponents lack the familiarity with Clean Water Act Section 404 regulations and wetland resources needed to develop comprehensive permit applications and build sufficient time for regulatory compliance into project schedules. Similarly many project opponents who grasp the regulatory process are adept at identifying inconsistencies in the implementation of the delineation process. This OnDemand Webinar helps the regulated community understand the importance of an accurate and defensible delineation and how it affects the lifecycle of a project. The program begins with a discussion of wetland ecology that will serve as the foundation for a review of wetland delineation methodology. It concludes with a description of the jurisdictional determination process which ultimately identifies those aquatic resources regulated by the U.S. Army Corps of Engineers. This program focuses on the practical, field-based, aspects of federal regulations and wetland ecology.

Learning Objectives:

• You will be able to review delineating wetlands.
• You will be able to explain delineating nonwetland waters of the U.S.
• You will be able to identify the ordinary high water mark.
• You will be able to discuss what is significant nexus.

Authors

Agenda

Delineating Wetlands

• Wetland Ecology and Classification

• Wetland Indicators

• Regional Delineation Manuals

• Useful Tools

Delineating Non-Wetland Waters of the U.S.  

• Identifying the Ordinary High Water Mark 

Jurisdictional Determinations

• Preliminary vs. Approved Jurisdictional Determinations

• What If I Want to Appeal a U.S. Army Corps of Engineers (USACE) Decision?

• Lessons Learned

What Is Significant Nexus?

• The Rapanos Decision: From the Supreme Court to Regional USACE Guidance

• Assessing Physical, Chemical and Biological Effect