Wetland Protection and Management in the United States

Historical Background

• Early 20th Century: Legislation encouraged destruction of wetlands for economic benefits.
• Legislative Shift: Lawmakers, many of whom owned land and enjoyed outdoor activities, realized the destruction of wetlands negatively impacted hunting and fishing.
• Self-Interest: This realization led to legislative protection of wetlands.

Legal Framework

• No Net Loss Goal: The law aims for 'no net loss' of wetlands.
• Mitigation: If a wetland is destroyed, a new one must be created or protected elsewhere.
  • Nationally: 1-to-1 ratio.
  • California: 4-to-1 ratio, due to severe loss of wetlands.

Enforcement

• Enforcing Body: U.S. Army Corps of Engineers.
  • Role: Issues permits (Section 404) for any wetland damage or destruction.
• Historical Context: Their involvement dates back to post-Civil War efforts to maintain navigable waterways for commerce.

Responsibilities

• Waterway Management: Maintaining navigability of interstate commerce routes.
• Ecological Health: Overseeing pollution control and overall health of waterways, including wetlands.

Impact on Development

• Federal Law: Developers must compensate for wetland destruction.
  • For large projects: Purchase and protect equivalent wetlands.
  • For small impacts: Pay a fee per square foot into a fund for wetland preservation.

Employment in Ecology

• Corps of Engineers: Employs civilian scientists (botanists, zoologists, etc.) to manage ecological responsibilities.

Summary

• The legal protection of wetlands has evolved from self-interested preservation by lawmakers to a comprehensive federal program managed by the U.S. Army Corps of Engineers.
• Mitigation, preservation, and ecological health are central to the current approach, with both small and large impacts being addressed systematically.