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Compensating for Wetland Losses Under the Clean Water Act (2001)

Chapter: Appendix I Functions, Factors, and Values Considered in Section 404 Permit Reviews

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Suggested Citation:"Appendix I Functions, Factors, and Values Considered in Section 404 Permit Reviews." National Research Council. 2001. Compensating for Wetland Losses Under the Clean Water Act. Washington, DC: The National Academies Press. doi: 10.17226/10134.
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Appendix I

Functions, Factors, and Values Considered in Section 404 Permit Reviews

In 33 CFR 320.4, there is a series of 17 factors that must be reviewed prior to making a final determination on the project. Paragraphs (a) and (b) of this section are the public interest review and the review of the project's effect on wetlands. Both list a series of functions that must be considered in each case, where appropriate.

Factors considered in the “Public Interest” review include1

conservation,

aesthetics,

wetlands,

fish and wildlife values,

floodplain values,

navigation,

recreation,

water quality,

safety,

mineral needs,

economics,

general environmental concerns,

historic properties,

flood hazards,

land use,

shore erosion and accretion,

water supply and conservation,

energy needs,

food and fiber production,

considerations of property ownership, and the needs and welfare of the people.

1  

Factors listed in 33 CFR 320.4(a)(1).

Suggested Citation:"Appendix I Functions, Factors, and Values Considered in Section 404 Permit Reviews." National Research Council. 2001. Compensating for Wetland Losses Under the Clean Water Act. Washington, DC: The National Academies Press. doi: 10.17226/10134.
×

Functions, factors and values considered in the “Effect on Wetlands” review include2

significant natural biological functions, including food chain production, general habitat and nesting, spawning, rearing and resting sites for aquatic or land species;

study of the aquatic environment or as sanctuaries or refuges;

natural drainage characteristics;

sedimentation patterns;

salinity distribution;

flushing characteristics, current patterns, or other environmental characteristics;

shielding other areas from wave action, erosion, or storm damage;

storage areas for storm and flood waters;

ground water discharge areas that maintain minimum baseflows important to aquatic resources;

prime natural recharge areas;

significant water purification functions; and

wetlands which are unique in nature or scarce in quantity to the region or local area.

2  

33 CFR § 320.4 (b)(2) Public Interest Review

Suggested Citation:"Appendix I Functions, Factors, and Values Considered in Section 404 Permit Reviews." National Research Council. 2001. Compensating for Wetland Losses Under the Clean Water Act. Washington, DC: The National Academies Press. doi: 10.17226/10134.
×
Page 292
Suggested Citation:"Appendix I Functions, Factors, and Values Considered in Section 404 Permit Reviews." National Research Council. 2001. Compensating for Wetland Losses Under the Clean Water Act. Washington, DC: The National Academies Press. doi: 10.17226/10134.
×
Page 293
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Recognizing the importance of wetland protection, the Bush administration in 1988 endorsed the goal of “no net loss” of wetlands. Specifically, it directed that filling of wetlands should be avoided, and minimized when it cannot be avoided. When filling is permitted, compensatory mitigation must be undertaken; that is, wetlands must be restored, created, enhanced, and, in exceptional cases, preserved, to replace the permitted loss of wetland area and function, such as water quality improvement within the watershed.

After more than a dozen years, the national commitment to “no net loss” of wetlands has been evaluated. This new book explores the adequacy of science and technology for replacing wetland function and the effectiveness of the federal program of compensatory mitigation in accomplishing the nation’s goal of clean water. It examines the regulatory framework for permitting wetland filling and requiring mitigation, compares the mitigation institutions that are in use, and addresses the problems that agencies face in ensuring sustainability of mitigated wetlands over the long term.

Gleaning lessons from the mixed results of mitigation efforts to date, the book offers 10 practical guidelines for establishing and monitoring mitigated wetlands. It also recommends that federal, state, and local agencies undertake specific institutional reforms. This book will be important to anyone seeking a comprehensive understanding of the “no net loss” issue: policy makers, regulators, environmental scientists, educators, and wetland advocates.

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