Wetlands Characteristics and Boundaries (1995) / Chapter Skim
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EXECUTIVE SUMMARY
EXECUTIVE SUMMARY
Pages 1-12
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From page 1... ...
The coverage of the 1972 act extended to wetlands, but was narrowly construed at first and extended to only approximately 15% of the total wetland acreage in the United States. Between 1972 and 1977, judicial decisions greatly broadened the coverage of the statute and created for the first time a need for a regulatory definition of wetlands and for federal conventions by which a definition could be
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From page 2... ...
Section 404 of the 1977 Federal Water Pollution Control Act amendments (Clean Water Act) confirmed the national commitment to regulation of wetlands, and broad federal application of the 1977 act to wetlands was upheld judicially in 1985.
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From page 3... ...
Delineation by use of the 1991 proposed revisions would be considerably more restrictive than by use of either the 1987 or 1989 manuals, and would lead to outright exclusion of numerous true wetlands through impractical documentation requirements. Improvements in the scientific understanding of wetlands since 1987 and refinement of regulatory practice through experience over almost a decade of intensive wetland regulation suggest that a new federal delineation manual should be prepared for common use by all federal agencies involved in the regulation of wetlands.
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From page 4... ...
. Of the three factors that characterize wetlands, water has special status because neither the characteristic substrates nor the characteristic biota of wetlands can develop in the absence of specific hydrologic conditions.
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From page 5... ...
In particular, hydrologic alterations could invalidate most or all indicators except direct indicators of hydrologic conditions, and in this case direct hydrologic evaluation is mandatory. In addition, neutral or mixed indications from substrate and biotic factors should be taken as a requirement for hydrologic analysis.
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From page 6... ...
The primary data, however, as well as procedures for identification of hydric soils and changes in the designation of hydric soils, should be more thoroughly documented and reviewed and should be made more widely available than in the past. In addition, a wetlands fidelity system should be considered for use with hydric soils as it is for hydrophytic vegetation, and more studies should be done of soils that are difficult to classify in the field, and particularly those that require the use of water table data, which typically are not available from field surveys.
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From page 7... ...
The prevalence index is calculated from wetland fidelity indicator values for each species, weighted by abundance, and is indicative of wetland above a threshold value indicating predominance of hydrophytes. Correct application of either method requires extensive botanical background as well as field experience.
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From page 8... ...
ESPECIALLY CONTROVERSIAL WETLANDS Classification of some kinds of wetlands has been particularly controversial, typically because of special legislative or regulatory treatment or because of special difficulties associated with identification or delineation. These especially controversial areas include permafrost wetlands, riparian zones, isolated and shallow wetlands, agricultural wetlands, altered wetlands, transitional or marginal wetlands, and especially shallow or intermittently flooded wetlands.
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From page 9... ...
Isolated wetlands and headwater wetlands also have been a subject of controversy because of their differential protection under Section 404 of the Clean Water Act. Wetlands that are isolated from other surface waters or that occupy headwaters are not necessarily less valuable or less functional than other wetlands are, and they may even perform some unique or particularly valuable functions, including maintenance of water quality and the support of waterfowl.
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From page 10... ...
Regions for wetland regulation need to be redefined around environmental factors such as physiography and climate and should be used in common by all agencies. More extensive development of regional analysis and regional protocols should be encouraged administratively and through research, provided that the outcome of federal regulatory practice is reasonably uniform across the nation.
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From page 11... ...
Assessment of value requires comprehensive scientific knowledge of wetland functions. Indeed, some groups have suggested the creation of a national scheme that would designate wetlands of high, medium, and low value based on some general guidelines involving size, location, or some other factor that does not require field evaluation.
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From page 12... ...
12 WETLANDS: CHARACTERISTICS AND BOUNDARIES the distinction between a reference definition, which ignores the matter of jurisdiction, and a regulatory one, which takes into account the intent of laws or policies that do not necessarily encompass all wetlands. The federal regulatory system for protection of wetlands is scientifically sound and effective in most respects, but it can be more efficient, more uniform, more credible with regulated entities, and more accurate in a technical or scientific sense through constructive reforms of the type suggested in this report.
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