Developing in and around Wetlands and Waters
If your project contains wetlands or waters (including streams, ditches, canals, and open water), the following steps will help clarify federal, state, and municipal requirements.
1 – Aquatic Resources Delineation
A Wetland Delineation, or Aquatic Resource Delineation, is the first step in the process. It involves mapping your wetland and waters boundaries with the use of submeter accuracy survey equipment. This survey follows the methods and standards specified by the U.S. Army Corps of Engineers and is the standard required by all State and local governments. Deliverables include: detailed report, maps, photos, datasheets, and spatial data. An Aquatic Resources Delineation done by CNL Environmental is guaranteed to be accepted and verified by the U.S. Army Corps of Engineers.
2 – Jurisdictional Determination
Once we have done the Aquatic Resources Delineation, the next step is to determine if your wetlands and aquatic features (such as streams, canals, ditches, and open water) are “Jurisdictional”-meaning are they considered to be “Waters of the U.S.” as defined by the Clean Water Act. Only the U.S. Army Corps of Engineers can determine jurisdictional status. The definition of “Waters of the U.S.” changes based on current laws and policies. Check out our BLOG to get up to date information. CNL Environmental can submit applications to the Army Corps to request an Approved Jurisdictional Determination for your project. An Aquatic Resources Delineation is required to request an AJD.
3 – Permitting
If your wetlands and waters are “Jurisdictional”, and the project intends to permanently or temporarily impact them, the next step is to assess permitting options. Section 404 of the Clean Water Act requires authorization from the U.S. Army Corps of Engineers, for the discharge of dredged or fill material into all “Waters of the U.S.” Depending on your type of project, small discharges such as filling up to 0.5 acres of wetland can qualify for a Nationwide Permit. These permits are often successfully awarded when a project meets all the conditions. Larger impacts require many more conditions to be met and are therefore difficult to obtain for small-scale development projects.
CNL Environmental has a 100% success rate in obtaining Nationwide Permits. We prepare all the materials needed such as: Aquatic Resources Delineation, Threatened Endangered Species Assessment, Cultural Resource Assessment, Pre-construction Notification, and General Conditions Checklists.
Although some wetlands and waters may not be “Jurisdictional”, they are still wetlands and may provide important ecosystem functions. State, county, and municipal laws may regulate development in and around these aquatic sites. CNL Environmental prepares Stream Alteration Permits to submit to the State Engineer’s Office and can determine if any other permits or setbacks are needed in these situations.
Preliminary Steps – Feasibility Analysis
Some projects involving wetlands may not be feasible under current regulations. At CNL Environmental we want your project to be successful. We don’t want you to spend a lot of money upfront only to find that your project, as planned, cannot be permitted.
We often advise clients to do a feasibility analysis before following the steps outlined to the left.
A feasibility analysis involves:
an on-site wetland assessment, preliminary site planning in GIS, and assessment of permitting options.
Contact us for a free consultation.