 | Since I have turned my attention these last couple of months to the details of the recently released Clean Water Rule*, this second posting will contain some of the new definitions of terms as put forth in 33 CFR Part 328, “Clean Water Rule: Definition of Waters of the United States”. Acronyms WOTUS - waters of the United States OHWM - ordinary high water mark HTL - High Tide Line |
Definitions
Ordinary High Water Mark – that line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, presence of litter and debris or other appropriate means
Bed & Banks – substrate and sides of a channel between which flow is confined; banks constitute a break in slope between the edge of the bed and the surrounding terrain
High Tide Line – the line of intersection of the land with the water’s surface at the maximum height reached by a rising tide
Adjacent – bordering, contiguous, or neighboring
Neighboring-
– waters within 100 feet of the OHWM of a WOTUS
-waters located within the 100-year floodplain of a WOTUS and < 1,500 feet from the OHWM of a WOTUS
-located within 1,500 feet of the HTL of a WOTUS or located within 1,500 feet of the OHWM of the Great Lakes
Tributary – a water that contributes flow, either directly or through another water, to a WOTUS
Wetlands – areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions
Significant Nexus – a water that significantly affects the chemical, physical, or biological integrity of a WOTUS and is determined by evaluating 9 different aquatic functions of said water
*Currently, the Clean Water Rule is not being implemented because of a nationwide stay as dictated by the U.S. Court of Appeals for the Sixth Circuit. The U.S. Court of Appeals for the 6th Circuit consolidated the challenges of the 18 states that were brought up in the district courts.
- JMB
UPDATE: November 4, 2015, the Senate passed without amendment Senate Joint Resolution 22 which provides for congressional disapproval of the Clean Water Rule as submitted by the Corps of Engineers and Environmental Protection Agency. The resolution is now in the House of Representatives, eventually to move onto President Obama.
Ordinary High Water Mark – that line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, presence of litter and debris or other appropriate means
Bed & Banks – substrate and sides of a channel between which flow is confined; banks constitute a break in slope between the edge of the bed and the surrounding terrain
High Tide Line – the line of intersection of the land with the water’s surface at the maximum height reached by a rising tide
Adjacent – bordering, contiguous, or neighboring
Neighboring-
– waters within 100 feet of the OHWM of a WOTUS
-waters located within the 100-year floodplain of a WOTUS and < 1,500 feet from the OHWM of a WOTUS
-located within 1,500 feet of the HTL of a WOTUS or located within 1,500 feet of the OHWM of the Great Lakes
Tributary – a water that contributes flow, either directly or through another water, to a WOTUS
Wetlands – areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions
Significant Nexus – a water that significantly affects the chemical, physical, or biological integrity of a WOTUS and is determined by evaluating 9 different aquatic functions of said water
*Currently, the Clean Water Rule is not being implemented because of a nationwide stay as dictated by the U.S. Court of Appeals for the Sixth Circuit. The U.S. Court of Appeals for the 6th Circuit consolidated the challenges of the 18 states that were brought up in the district courts.
- JMB
UPDATE: November 4, 2015, the Senate passed without amendment Senate Joint Resolution 22 which provides for congressional disapproval of the Clean Water Rule as submitted by the Corps of Engineers and Environmental Protection Agency. The resolution is now in the House of Representatives, eventually to move onto President Obama.
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