Review and comparison of wetland impacts and mitigation requirements between New Jersey,USA, Freshwater Wetlands Protection Act and Section 404 of the Clean Water Act

A review of wetland impacts authorized under the New Jersey Freshwater Wetlands Protection Act (FWPA) was conducted based on permitting data compiled for the period 1 July 1988 to 31 December 1993. Data regarding the acreage of wetlands impacted, location of impacts by drainage basin and watershed, and mitigation were analyzed. Wetland impacts authorized and mitigation under New Jersey's program were evaluated and compared with Section 404 information available for New Jersey and other regions of the United States.Under the FWPA, 3003 permits were issued authorizing impacts to 234.76 ha (602.27 acres) of wetlands and waters. Compensatory mitigation requirements for impacts associated with individual permits required the creation of 69.20 ha. (171.00 acres), and restoration of 16.49 ha (40.75 acres) of wetlands. Cumulative impacts by watershed were directly related to levels of development and population growth.The FWPA has resulted in an estimated 67% reduction [44.32 ha (109.47 acres) vs 136.26 ha (336.56 acres)] in annual wetland and water impacts when compared with Section 404 data for New Jersey. For mitigation, the slight increase in wetland acreage over acreage impacted is largely consistent with Section 404 data.Based on this evaluation, the FWPA has succeeded in reducing the level of wetland impacts in New Jersey. However, despite stringent regulation of activities in and around wetlands, New Jersey continues to experience approximately 32 ha (79 acres) of unmitigated wetland impacts annually. Our results suggest that additional efforts focusing on minimizing wetland impacts and increasing wetlands creation are needed to attain a goal of no net loss of freshwater wetlands.     

Section 404 wetland mitigation and permit success criteria in Pennsylvania,USA, 1986-1999

Twenty-three Section 404 permits in central Pennsylvania (covering a wetland age range of 1–14 years) were examined to determine the type of mitigation wetland permitted, how the sites were built, and what success criteria were used for evaluation. Most permits allowed for mitigation out-of-kind, either vegetatively or through hydrogeomorphic class. The mitigation process has resulted in a shift from impacted wetlands dominated by woody species to less vegetated mitigation wetlands, a trend that appears to be occurring nationwide. An estimate of the percent cover of emergent vegetation was the only success criterion specified in the majority of permits. About 60% of the mitigation wetlands were judged as meeting their originally defined success criteria, some after more than 10 years. The permit process appears to have resulted in a net gain of almost 0.05 ha of wetlands per mitigation project. However, due to the replacement of emergent, scrub–shrub, and forested wetlands with open water ponds or uplands, mitigation practices probably led to a net loss of vegetated wetlands.     

Wetland loss and substitution by the Section 404 permit program in southern California,USA

To test the effectiveness of the 404 permit program in preventing a net loss of wetland resources, 75 Section 404 projects permitted in the years 1987–1989 and located in a portion of southern California were evaluated. From this group of projects, 80.47 ha of wetlands were affected by Section 404 permits and the Army Corps of Engineers required 111.62 ha of wetland mitigation. To verify the successful completion of each mitigation project, all 75 project sites were visited and evaluated based on the amount of dead vegetation, growth and coverage, and the number of invasive species. Based on the field verification results, the actual amount of completed mitigation area was 77.33 ha, resulting in a net loss of 3.14 ha of wetland resources in the years 1987–1989. By comparing the types of wetlands lost to the types of wetlands mitigated, it is apparent that, in particular, freshwater wetlands are experiencing a disproportionately greater loss of area and that riparian woodland wetlands are most often used in mitigation efforts. The net result of these accumulated actions is an overall substitution of wetland types throughout the region. Results also indicate that, typically, large-scale mitigation projects are more successful compared to smaller projects and that successful compliance efforts are not evenly distributed throughout the region. We recommend that better monitoring, mitigation in-kind, mitigation banking, and planning on a regional or watershed scale could greatly improve the effectiveness of the Section 404 permitting program.     

The US Clean Water Act and habitat replacement: evaluation of mitigation sites in Orange County,California, USA

Both permit requirements and ecological assessments have been used to evaluate mitigation success. This analysis combines these two approaches to evaluate mitigation required under Section 404 of the United States Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act, which allow developers to provide compensatory mitigation for unavoidable impacts to wetlands. This study reviewed permit files and conducted field assessments of mitigation sites to evaluate the effectiveness of mitigation required by the US Army Corps of Engineers for all permits issued in Orange County, California from 1979 through 1993. The 535 permit actions approved during this period allowed 157 ha of impacts. Mitigation was required on 70 of these actions, with 152 ha of enhanced, restored, and created habitat required for 136 ha of impacts. In 15 permit actions, no mitigation project was constructed, but in only two cases was the originally permitted project built; the two cases resulted in an unmitigated loss of 1.6 ha. Of the remaining 55 sites, 55% were successful at meeting the permit conditions while 11% failed to do so. Based on a qualitative assessment of habitat quality, only 16% of the sites could be considered successful and 26% were considered failures. Thus, of the 126 ha of habitat lost due to the 55 projects, only 26 ha of mitigation was considered successful. The low success rate was not due to poor enforcement, although nearly half of the projects did not comply with all permit conditions. Mitigation success could best be improved by requiring mitigation plans to have performance standards based on habitat functions.     

Wetland development trends in coastal North Carolina,USA, from 1970 to 1984

Coastal wetlands are a valuable resource to North Carolina, USA, representing important habitat for marine organisms and providing flood control areas and buffer zones from marine storms. An analysis of wetland development trends in coastal North Carolina from 1970 to 1984 was conducted using over 3000 files containing 15 years of permitting records. The total amount of coastal wetland area altered due to authorized development under the Coastal Area Management Act (CAMA), the Dredge and Fill Law, and Section 404 of the Federal Water Pollution Control Act is 1740 ha. This represents nearly 2% of the salt marsh wetlands along the coast of North Carolina. The number of permits issued steadily increased during the 1980s; however, the total amount of wetland loss decreased each year. A few large projects in the early 1970s accounted for nearly 70% of all wetland area developed during the 15-year period. Nearly two-thirds of all projects involving wetland destruction involved impacts on high marsh ecosystems. Bulkheads, canals, and filling activities made up 80% of the projects requiring permits; 62% of the permits were issued to private landowners, but this group accounted for only 16% of the losses of wetland area. Utility companies, which accounted for less than 1% of the permits issued, were responsible for 46% of the permitted wetland loss during the 15-year study period. Future studies should address agriculture and forestry practices which are exempt under CAMA laws and therefore their effects on wetland alteration have not been quantified.     

State wetlands and riparian area protection programs

The protection of wetlands and riparian areas has emerged as an important environmental planning issue. In the United States, several federal and state laws have been enacted to protect wetlands and riparian areas. Specifically, the federal Clean Water Act includes protection requirements in Sections 301 and 303 for state water quality standards, Section 401 for state certification of federal actions (projects, permits, and licenses), and Section 404 for dredge and fill permits. The Section 401 water quality state certification element has been called the “sleeping giant” of wetlands protection because it empowers state officials to veto or condition federally permitted or licensed activities that do not comply with state water quality standards. State officials have used this power infrequently. The purpose of this research was to analyze the effectiveness of state wetland and riparian programs. Contacts were established with officials in each state and in the national and regional offices of key federal agencies. Based on interviews and on a review of federal and state laws, state program effectiveness was analyzed. From this analysis, several problems and opportunities facing state wetland protection efforts are presented.     

Wetlands mitigation: Partnership between an electric power company and a federal wildlife refuge

Nine hectares (23 acres) of a degraded section of Patuxent Research Refuge in Laurel, Maryland, USA, were converted to wetland habitat by the Baltimore Gas and Electric Company in 1994. The wetlands were created as mitigation for 5.7 ha (14 acres) of wetlands that were impacted as part of the construction of an 8.5-km (5.3-mile) 500-kV overhead transmission line on the refuge. The area consists of a created forested wetland of 5.5 ha (13.5 acres), a seasonally inundated green-tree reservoir of 7.6 ha (6.5 acres), and an impounded pond wetland of 1.2 ha (3 acres). Construction included the planting of 6131 trees, 4276 shrubs, and 15,102 emergent plants. Part of the site has been studied intensively since completion and survival of trees and shrubs after two years was 88%. Measurements of these transplants have shown growth greater than on other created sites in Maryland. Grasses and other herbaceous vegetation were dominant plants in the meter-square plots in the first two years of sampling of the created forested wetland. Wildlife surveys for birds, mammals, amphibians, and reptiles have revealed diverse communities. Although these communities represent species consistent with open habitat, more typical forest species should colonize the area as it undergoes succession into a more mature forested wetland. The creation, management, and research of this mitigation site represents an excellent example of a partnership between a private electric power company and a federal wildlife refuge. This partnership has increased local biodiversity and improved regional water quality of the Patuxent River and the Chesapeake Bay.     

Wetland protection as land-use planning: The impact of section 404 in Wisconsin,USA

The ability of Section 404 of the Clean Water Act to act as an effective, efficient, and equitable land-use planning tool was assessed through a survey of Section 404 permits in Wisconsin. In a six-month period of permitting, the 404 program reduced wetland losses in the state by 15%. Several factors were examined that may affect permit decisions; these factors are water dependency, alternatives, project type, wetland type, and public or agency comments. Only the water dependency of the project had a statistically significant effect on permit decisions, although development projects that were perceived to provide public good were more likely to be permitted. Environmental impacts of a proposed fill project were not adequately assessed in any of the permit decisions. Because of the way Section 404 is interpreted and administered by the US Army Corps of Engineers, increasing net benefits and achieving an equitable distribution of those benefits is difficult. The corps does not perform any functional evaluations of wetlands nor do they attempt to measure economic value and environmental impacts. In addition, the 404 review process is, in effect, inaccessible to the public. The de facto interpretations of the Section 404 regulations and a lack of program funding and trained personnel all contribute to the program's ineffectiveness.     

Losing Function Through Wetland Mitigation in Central Pennsylvania,USA

In the United States, the Clean Water Act requires mitigation for wetlands that are negatively impacted by dredging and filling activities. During the mitigation process, there generally is little effort to assess function for mitigation sites and function is usually inferred based on vegetative cover and acreage. In our study, hydrogeomorphic (HGM) functional assessment models were used to compare predicted and potential levels of functional capacity in created and natural reference wetlands. HGM models assess potential function by measurement of a suite of structural variables and these modeled functions can then be compared to those in natural, reference wetlands. The created wetlands were built in a floodplain setting of a valley in central Pennsylvania to replace natural ridge-side slope wetlands. Functional assessment models indicated that the created sites differed significantly from natural wetlands that represented the impacted sites for seven of the ten functions assessed. This was expected because the created wetlands were located in a different geomorphic setting than the impacted sites, which would affect the type and degree of functions that occur. However, functional differences were still observed when the created sites were compared with a second set of reference wetlands that were located in a similar geomorphic setting (floodplain). Most of the differences observed in both comparisons were related to unnatural hydrologic regimes and to the characteristics of the surrounding landscape. As a result, the created wetlands are not fulfilling the criteria for successful wetland mitigation.     

The Effect of Wetland Mitigation Banking on the Achievement of No-Net-Loss

/ This study determines whether the 68 wetland mitigation banks in existence in the United States through 1 January 1996 are achieving no-net-loss of wetland acreage nationally and regionally. Although 74% of the individual banks achieve no-net-loss by acreage, overall, wetland mitigation banks are projected to result in a net loss of 21,328 acres of wetlands nationally, 52% of the acreage in banks, as already credited wetland acreages are converted to otheruses. While most wetland mitigation banks are using appropriate compensation methods and ratios, several of the largest banks use preservation or enhancement, instead of restoration or creation. Most of these preservation/enhancement banks use minimum mitigation ratios of 1:1, which is much lower than ratios given in current guidelines. Assuming that mitigation occurs in these banks as preservation at the minimum allowable ratio, ten of these banks, concentrated in the western Gulf Coast region, will account for over 99% of projected net wetland acreage loss associated with banks. We conclude that wetland mitigation banking is a conceptually sound environmental policy and planning tool, but only if applied according to recently issued guidelines that ensure no-net-loss of wetland functions and values. Wetland mitigation banking inevitably leads to geographic relocation of wetlands, and therefore changes, either positively or negatively, the functions they perform and ecosystem services they provide. KEY WORDS: Mitigation banking; Wetlands; Army Corps of Engineers; No-net-loss     

Changes in wetlands on nonfederal rural land of the conterminous United States from 1982 to 1987

Recent wetland area trends were estimated from the National Resources Inventory (NRI) for nonfederal rural lands for the period 1982–1987. NRI-based estimates of wetland area for states comprising the conterminous United States were highly correlated with estimates made by the US Fish and Wildlife Service and with estimates of coastal salt marsh wetlands made by the National Oceanic and Atmospheric Administration. Net wetland area declined by 1.1% (≈363,200 ha) during the five-year study period. Conversion to open water, primarily caused by natural flooding in western inland basins, was responsible for altering extensive wetland areas (≈171,400 ha). Of the human-induced wetland conversions, urban and built-up land was responsible for 48% of the wetland loss, while agricultural development was indicated in 37% of the converted wetland area. A decrease in rural land, and increases in both population, and urban and built-up land were associated with wetland loss among states. Potential reasons for wetland loss were different in 20 coastal states than in 28 inland states. Proportionately, wetland loss due to development was three times greater in coastal states than inland states, while agriculturally induced wetland losses were similar in both groups. The proportionate declines of forested vs nonforested wetlands were not significantly different among states.     

Section 404 Permitting in Coastal Texas: A Longitudinal Analysis of the Relationship Between Peak Streamflow and Wetland Alteration

As early as the passage of the 1972 Federal Water Pollution Control Act the U.S. government has sought to protect the nation’s water resources through regulatory tools. While there has been a large amount of research on wetlands and wetland mitigation, very little is known about the impact of Section 404 permitting on water quantity. This research examines the impact of Section 404 permit types on peak annual streamflow in Coastal Texas from 1996 to 2003. Results of cross-sectional time-series regression analyses indicate that all four permit types have positive and significant effects on peak streamflow. These effects also vary by permit type, with Individual permits having the highest per-permit impact on peak annual flow.     

Community Structure and Quality After 10 Years in Two Central Ohio Mitigation Bank Wetlands

We evaluate two 10-year-old mitigation bank wetlands in central Ohio, one created and one with restored and enhanced components, by analysis of vegetation characteristics and by comparison of the year-10 vegetation and macroinvertebrate communities with reference wetlands. To assess different measures of wetland development, we compare the prevalence of native hydrophytes with an index of floristic quality and we evaluate the predictability of these parameters in year 10, given 5 years of data. Results show that the mitigation wetlands in this study meet vegetation performance criteria of native hydrophyte establishment by year 5 and maintain these characteristics through year 10. Species richness and floristic quality, as well as vegetative similarity with reference wetlands, differ among mitigation wetlands in year 1 and also in their rate of change during the first 10 years. The prevalence of native hydrophytes is reasonably predictable by year 10, but 5 years of monitoring is not sufficient to predict future trends of floristic quality in either the created or restored wetland. By year 10, macroinvertebrate taxa richness does not statistically differ among these wetlands, but mitigation wetlands differ from reference sites by tolerance index and by trophic guild dominance. The created wetland herbivore biomass is significantly smaller than its reference, whereas detritivore biomass is significantly greater in the created wetland and smaller in the restored wetland as compared with respective reference wetlands. These analyses illustrate differences in measures of wetland performance and contrast the monitoring duration necessary for legal compliance with the duration required for development of more complex indicators of ecosystem integrity.     

Freshwater Wetland dynamics in South Kingstown,Rhode Island, 1939–1972

The extent and causes of changes in the fresh-water wetlands of South Kingstown, Rhode Island were determined through field work and through the analysis of panchromatic aerial photographs taken in 1939 and 1972. During this period, there was a net loss of 0.9 percent of the total area (2345.2 ha) of wetland present in 1939. Highway construction and residential development accounted for most of this loss. Approximately 17 percent of the wetland present in 1939 had changed sufficiently by 1972 to warrant reclassification. Plant succession alone accounted for 57 percent of the changes in wetland types, while man's activities were influential in 41 percent of the cases. Ninety-two percent of the natural changes in wetland types was progressive, while 58 percent of the changes induced by man and undetermined causes was retrogressive. Man's major role was to alter the water regimes and vegetation of wetlands. There was a decrease in wetland diversity as the most abundant type, wooded swamp, grew in area while the abundance of shallow marshes, meadows, and shrub swamps declined. A knowledge of wetland dynamics is essential in the management of wetlands for a diversity of wildlife and other natural values.     

A better rationale for wetland management

The present US Federal wetland management strategy under Section 404 of the Clean Water Act does not account for the differences in the natural values of wetlands and their different vulnerability to development pressure. The strategy, aimed at reducing the regulatory burden, provides for different levels of wetland protection, primarily by designating certain activities in or affecting wetlands as essentially harmless, having only minor impacts even when considered for their cumulative effects. Such activities are authorized under general permits precluding any evaluation of project impacts. A sounder, yet practical, rationale for wetland management and regulatory relief should be linked to the scarcity of certain wetland habitats, the habitat diversity or carrying capacity, the degree of degradation from past development, and the incremental losses already incurred within the same wetland ecosystem. The regulatory effort should be concentrated where these characteristics indicate high-value wetlands.Wetland impacts appear to fit into five basic orders of magnitude; these pertain to the relative cost and difficulty of impact mitigation. Up to 13 ecological and public-interest variables can modify the seriousness of the basic impact. Together, the basic orders of impact and modifying variables describe the theoretical framework for wetland management. However, a practical rationale for better wetland management must be constrained to factors not requiring a field investigation in advance of project planning for construction and development.This article was produced in part from work funded by the Office of Technology Assessment (OTA) of the United States Congress for use in its study, Wetlands: Their Use and Regulation. The views expressed do not necessarily represent those of OTA.     

How “Natural” are inland wetlands? an example from the trail wood audubon sanctuary in Connecticut,USA

We examined the geology of a small inland wetland in Hampton, Connecticut to determine its postglacial history and to assess the severity of human impact at this remote wooded site. Using stratigraphic evidence, we dernonstrate that the present wetland was created when sediment pollution from a 19th-century railroad filled a preexisting artificial reservoir, and that the prehistoric wetland was a narrow drainage swale along Hampton Brook. This same, severely impacted wetland was interpreted by the Pulitzer Prize-winning naturalist Edwin Way Teale as a beautiful wilderness area of particular interest. These conflicting perceptions indicate that artificial wetlands can be naturally mitigated in less than a century of healing, even in the absence of deliberate management. We also point out that the “wilderness” value of the Teale wetland was in the eye of the beholder and that unseen human impacts may have improved the aesthetic experience.     

ECONOMIC ANALYSIS OF WETLAND RESTORATION ALONG THE ILLINOIS RIVER1

Creating and restoring wetland and riparian ecosystems between farms and adjacent streams and rivers in the Upper Mississippi River Basin would reduce nitrogen loads and hypoxia in the Gulf of Mexico and increase local environmental benefits. Economic efficiency and economic impacts of the Hennepin and Hopper Lakes Restoration Project in Illinois were evaluated. The project converted 999 ha of cropland to bottomland forest, backwater lakes, and flood‐plain wetland habitat. Project benefits were estimated by summing the economic values of wetlands estimated in other studies. Project costs were estimated by the loss in the gross value of agricultural production from the conversion of corn and soybean acreage to wetlands. Estimated annual net benefit of wetland restoration in the project area amounted to US$1,827 per ha of restored wetland or US$1.83 million for the project area, indicating that the project is economically efficient. Impacts of the project on the regional economy were estimated (using IMPLAN) in terms of changes in total output, household income, and employment. The project is estimated to increase total output by US$2,028,576, household income by US$1,379,676, and employment by 56 persons, indicating that it has positive net economic impacts on the regional economy.     

An inventory of wetland impoundments in the coastal zone of Louisiana,USA: Historical trends

We inventoried wetland impoundments in the Louisiana, USA, coastal zone from the late 1900s to 1985. Historically, impoundment of wetlands for reclamation resulted in direct wetland loss after levees (dikes) failed and the impounded area was permanently flooded, reverting not to wetland, but to open-water habitat. A current management approach is to surround wetlands by levees and water control structures, a practice termed semi-impoundment marsh management. The purpose of this semi-impoundment is to retard saltwater intrusion and reduce water level fluctuations in an attempt to reduce wetland loss, which is a serious problem in coastal Louisiana. In order to quantify the total impounded area, we used historic data and high-altitude infrared photography to map coastal impoundments. Our goal was to produce a documented inventory of wetlands intentionally impounded by levees in the coastal zone of Louisiana in order to provide a benchmark for further research. We inventoried 370,658 ha within the coastal zone that had been intentionally impounded before 1985. This area is equal to about 30% of the total wetland area in the coastal zone. Of that total area, approximately 12% (43,000 ha) is no longer impounded (i.e., failed impoundments; levees no longer exist or only remnants remain). Of the 328,000 ha still impounded, about 65% (214,000 ha) is developed (agriculture, aquaculture, urban and industrial development, and contained spoil). The remaining 35% (114,000 ha) of impoundments are in an undeveloped state (wetland or openwater habitat). In December 1985, approximately 50% (78,000 ha) of the undeveloped and failed impoundments were open-water habitat. This inventory will allow researchers to monitor future change in land-water ratios that occur within impounded wetlands and thus to assess the utility of coastal wetland management using impoundments.     

ESTABLISHING PRIORITIES FOR WETLAND MANAGEMENT1

Wetlands provide a variety of ecological services, but are attractive sites for many development activities. Between the mid-1950's and mid-1970's about 550,000 acres, or about 0.5 percent, of the vegetated wetlands remaining in the conterminous states were converted to other uses each year. About 80 percent of these losses involved draining and clearing of inland wetlands for agricultural purposes. Recent reductions in national wetland conversion rates are due primarily to declining rates of agricultural drainage and secondarily to government programs that regulate wetlands use. Several governmental policies and programs exist that either encourage or discourage wetland conversions. Section 404 of the Clean Water Act is the major tool for Federal involvement in controlling the conversion of wetlands to other uses. The 404 program, in combination with State regulatory programs, is responsible for reducing annual conversions nationwide by about 50 percent of what is applied for, or 50,000 acres of wetlands per year, primarily through project modifications. Coastal wetlands are reasonably well protected. Inland, freshwater wetlands are generally poorly protected. Efforts to protect wetlands, given a set level of resources, could be improved by categorizing wetlands according to their relative importance and focusing existing wetland programs on high value wetlands.     

Federal and state management of inland wetlands: Are states ready to assume control?

As inland wetlands face increasing pressure for development, both the federal government and individual states have begun reevaluating their respective wetland regulatory schemes. This article focuses first on the effectiveness of the past, present, and proposed federal regulations, most notably the Section 404, Dredge and Fill Permit Program, in dealing with shrinking wetland resources. The article then addresses the status of state involvement in this largely federal area, as well as state preparedness to assume primacy should federal priorities change. Finally, the subject of comprehensive legislation for wetland protection is investigated, and the article concludes with some procedural suggestions for developing a model law.