Wetland Regulations 101: Common Terminology

Common Terminology of a Wetland Scientist, No. 4

12/15/2015

This posting continues some of the common terms and definitions* found in the wetlands regulatory world.

Hydric soils - "Soils that form under conditions of saturation, flooding, or
ponding long enough during the growing season to develop anaerobic conditions
in the upper part" (USDA-Natural Resources Conservation Service 1996).

Hydrogeomorphic (HGM) approach to assessing wetland function - A
method of wetland classification and assessment based on the concept that
different kinds of wetlands are produced

by different (1) water sources, (2) water flow patterns, and (3) geomorphic settings (Smith et al. 1995).

Hydrophytic vegetation - Plant life growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content; the 1987 Corps Manual gives rules for identifying hydrophytic vegetation for jurisdictional delineations.

Individual permits - Corps permits issued following a case-by-case evaluation of a specific project in accordance with full project and public interest review procedures discussed in 33 CFR 320, 323, and 325.

Jurisdictional wetland delineation - Process by which one identifies the legal geographic boundaries of a wetland for purposes of regulatory jurisdiction, or the product of such a determination.

Jurisdictional wetland determination - Process by which one identifies presence or absence of a jurisdictional wetland at a point on the ground; this differs from jurisdictional wetland delineation, which identifies the areal extent of all such contiguous points.

Memorandum of Agreement (MOA) - Formal and legally binding agreement between two Federal agencies.

Minimization - The requirement that "appropriate and practicable steps have been taken which will minimize potential adverse impacts of the discharge on the aquatic ecosystem" (40 CFR 230.10(d)); such steps are described in 40 CFR 230.70 et seq.

Mitigation - "Avoiding, minimizing, rectifying, reducing, or compensating for resource losses" (33 CFR 320.4(r)).

Mitigation banking - Compensatory mitigation practice that establishes a large mitigation project to replace smaller, anticipated disturbances elsewhere.

National Pollutant Discharge Elimination System (NPDES) - Primary pollution control program under the Clean Water Act; overseen by the EPA and delegated to most states; NPDES permits are required for discharges of waste into waters of the United States whereas Section 404 permits are required for discharge of dredged or fill material. An NPDES permit will be denied if the Corps finds that "anchorage and navigation of any of the navigable waters would be substantially impaired" by the activity for which a permit was applied (Clean Water Act Section 402(b)(6)).

National Wetlands Inventory (NWI) maps - Maps of wetlands compiled by the U S Fish and Wildlife Service from aerial photography as part of a nationwide inventory of wetland resources; compiled at a map scale of 1:24000; uses the Cowardin classification system (Cowardin et al. 1979).

Nationwide permits - General permits that "have been issued by the regulation (33 CFR 330) for certain specified activities nationwide. If certain conditions are met, the specified activities can take place without the need for an individual or regional permit" (33 CFR 325.5(c)(2)).

- JMB

*Source: Wetlands Management Book, Environmental Laboratory (ERDC/EL SR-00-16) by Carolyn B. Schneider and Steven W. Sprecher, December 2000.

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Common Terminology of a Wetland Scientist, No. 3

12/1/2015

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As I continue posting common terms and definitions used in the wetlands regulatory world, I want it noted that a good portion of these definitions come from the Wetlands Management Book, Environmental Laboratory (ERDC/EL SR-00-16) by Carolyn B. Schneider and Steven W. Sprecher, December 2000. I am selecting terms that are NOT in the controversial range of the current and changing definitions being debated by the courts now.

Terms
Corps permit - Permit issued by the U.S. Army Corps of Engineers for activities regulated under authority of Section 404 of the Clean Water Act (33 U.S.C. 1341 et seq.), Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 401 et seq.), and Section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972, as amended (33 U.S.C. 1413).
Cowardin system - System for classifying wetlands developed by Cowardin et al. (1979) for the U.S. Fish and Wildlife Service and used in National Wetlands Inventory maps.
Creation - Compensatory mitigation that establishes a wetland in an area not previously a wetland.
Depressional wetland - Wetland whose primary source of water is precipitation or runoff from the adjacent landscape (Brinson 1993).
Discharge of fill material - "Any addition of fill material into, including any redeposit of dredged material within, the waters of the United States. The term includes but is not limited to, the following: the addition of dredged material to a specified discharge site located in waters of the U.S.; the runoff or overflow from a contained land or water disposal area; and any addition, including redeposit of dredged material, including excavated material, into waters of the U.S. which is incidental to any activity, including mechanized land clearing, ditching, channelization, or other excavation." (33 CFR 323.2(d))
Fill material - "Any material used for the primary purpose of replacing an aquatic area with dry land or of changing the bottom elevation of any waterbody. The term does not include any pollutant discharged into the water primarily to dispose of waste, as that activity is regulated under Section 402 of the Clean Water Act" (33 CFR 323.2(e)).
Findings of No Significant Impact (FONSI) - One possible outcome of an Environmental Assessment done by the Corps on each Section 404 individual permit application; not just specifically used on Section 404 permits but also a term generally used in association with Environmental Assessments required by environmental law for a variety of reasons.
General permit - A Corps permit for activities that are substantially similar in nature and cause only minimal individual and cumulative environmental impacts, or are under regulatory control exercised by another Federal, state, or local agency provided it has been determined that the environmental consequences of the action are individually and cumulatively minimal (33 CFR 325.5(c)).

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﻿Common Terminology of a Wetland Scientist﻿, No. 4

﻿Common Terminology of a Wetland Scientist﻿, No. 3