Wetlands are defined by the U.S. Army Corps of Engineers as "those 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."
Wetlands provide ecological and economic benefits to the state because they
- protect and preserve drinking water supplies;
- provide a natural means of flood and storm damage protection;
- serve as transition zones between dry land and water courses, thereby retarding soil erosion;
- provide essential brooding, spawning, rearing, feeding, nesting, and wintering habitats for fish and wildlife;
- provide special vegetation and vegetative communities;
- serve important functions for surface and groundwater supplies of the state; and
- provide outdoor training and educational resources.
Federal, state and local authorities regulate wetlands because of their ecological and social significance. As a public works agency, WSDOT must obtain appropriate permits from regulatory agencies when projects will have unavoidable adverse impacts to sensitive areas, such as wetlands or stream corridors. Wetlands are protected at the federal, state, and local levels through the following regulations:
Federal:
- Clean Water Act (Section 404)
- Administered by the U.S. Army Corps of Engineers.
- Covers the placement of fill in waters of the United States, including jurisdictional wetlands.
- The term “placement of fill” is broadly defined, and includes much more than simply placing soil. For example, mechanized clearing and grading in a jurisdictional wetland is a regulated activity.
- Rapanos Case Decision
- Clarifies Clean Water Act (CWA) jurisdiction following the Supreme Court’s decision in the Rapanos case, identifying situations where a developer may need to obtain a CWA Section 404 permit before completing work in waters of the United States.
- Shoreline Management Act (Shoreline Master Programs)
- Department of Ecology and local jurisdictions have some authority to regulate wetlands under the Shoreline Management Act.
- Covers all lands within 200 feet of the OHWM of all SMA waters, and their "associated wetlands".
- Growth Management Act (GMA) / Critical Areas Ordinances
- Local governments regulate wetlands under the Growth Management Act.
- Regulations vary widely, but generally regulate all wetlands and their associated buffers.