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DEVELOPING A REGULATORY PROGRAM FOR ISOLATED WETLANDS IN WASHINGTON
Impact/Purpose:
To devise a new process to regulate wetlands no longer regulated under the 404 program
Description:
The Supreme Court's recent decision on isolated wetlands leaves many wetlands in Washington unprotected. Previously these wetlands were regulated through use of state-issued CWA ?401 water quality certifications, during the Corps of Engineers ?404 permitting process. But since many isolated wetlands are no longer permitted, this mechanism will no longer be useable. Fortunately, although it has never developed a state program, the state has broad existing statutory ability to regulate these wetlands. Under a grant from Region 10, the State Department of Ecology is developing a pilot program that will use administrative orders to approve impacts to isolated wetlands. The grant is being used to initiate development, implementation and establishment of a state tracking program using the state's existing authorities. It includes developing and advertising the new process, developing a communication process to educate the regulated community, conducting ongoing review of all isolated wetland projects, and tracking the projects, and devoting additional staff resources to duties previously undertaken by the Corps of Engineers.