The United States has lost over half its original wetlands. These areas provide important habitats, flood and storm protection, and water quality benefits. It is extremely important to protect, restore and maintain the chemical, physical, and biological integrity of our waters and wetlands to ensure that we do not lose the benefits these resources provide.

Congress has recognized this, and has passed a number of laws to protect U S. waters and wetlands. Wetlands include saturated or flooded areas where there is a prevalence of aquatic or hydrophilic plants (those that grow in, or are adapted to, water; or that require a very wet environment). Many of these plants can be found in swamps, marshes, bogs and other similar areas.

Because of the Congressional mandate to protect waters and wetlands, many activities that affect these areas could require a regulatory review before the activity begins. Water and wetlands protection regulations have been developed by a number of different federal agencies, including EPA, the U. S. Army Corps of Engineers, the National Oceanic and Atmospheric Administration, the U. S. Fish and Wildlife Service and the Soil Conservation Service in the U. S. Department of Agriculture. Many state agencies also have water and wetlands protection regulations.

Do These Regulations Apply to Your Community?

Yes. It is extremely important that local officials become familiar with these regulations. Activities that violate these environmental protection laws can cause environmental damage and flooding of nearby areas. Violations can also invoke penalties, including fines, requirements to restore the area, and/or imprisonment for intentional violations. To enhance compliance and protect local waters and wetland resources, local governments may wish to assist their citizens, especially those seeking local construction permits or zoning approval, to determine whether state or federal authorization is required in addition to local approval. Local governments should also keep in mind that they are subject to these environmental protection laws as a locality, either when performing an activity themselves or by authorizing private activities that affect wetlands.

Actions Your Community Should Be Taking

You must be sure you are in full compliance with all applicable regulations before you start or approve any activities that might affect the chemical, physical, or biological health of any U.S. waters or wetlands. The three federal agencies most frequently involved in ensuring such compliance are:

• The U.S. Army Corps of Engineers;
• The U.S. Fish and Wildlife Service; and
• The U.S. Environmental Protection Agency.

Contact each of these agencies, as well as any applicable state agencies, before you act or approve any private actions.

EPA has provided grants to local governments interested in identifying and assisting in the protection of wetlands. For further information on these grants, please contact the Wetlands Protection Hotline.

Additional Information

The federal Water and Wetlands Protection Laws include the Clean Water Act (Title 33 United States Code Sections 1251-1376), Executive Order 11990 (May 25, 1977), and the Section 404 (b)(l) Guidelines for Specification of Disposal Sites for Dredged or Fill Material (Title 40 Code of Federal Regulations Part 230).

Wetlands Protection Hotline Hours: 9:00 a.m. to 5:30 p.m. EST, Monday through Friday. Telephone: 1/800/832-7828 (See Resource Section for wetlands contacts)