Abstract |
The Clean Water Act's Section 404 permit program addresses some direct impacts to wetlands, such as filling, but is not designed to regulate inputs of stormwater or other pollutants. Wetlands commonly receive the bulk of stormwater runoff from development sites because they are usually located at low points where runoff is directed. This can result in impacts such as sediment deposition and pollutant accumulation in wetlands, changes to wetland hydrology, and a shift in the makeup of wetland vegetative communities. These indirect impacts, although they originate outside the wetland itself, can drastically change wetland functions, such as flood control, habitat, and water quality protection. Local development regulations can fill this gap in wetland protection since local governments typically have control over local land use regulations and decisions. Furthermore, local regulations can address not just where development takes place, but how it occurs. This article provides guidance on using local ordinances to protect wetland functions and provides a model Wetland Drainage Area Protection Ordinance. |