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.     

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.     

Trends and patterns in section 404 permitting requiring compensatory mitigation in Oregon and Washington,USA

The effects of permitting decisions made under Section 404 of the Clean Water Act for which compensatory mitigation was required were examined. Information was compiled on permits issued in Oregon (January 1977–January 1987) and Washington (1980–1986). Data on the type of project permitted, wetland impacted, and mitigation project were collected and analyzed. The records of the Portland and Seattle District Offices of the US Army Corps of Engineers and of Environmental Protection Agency Region X were the primary sources of information. The 58 permits issued during the years of concern in Oregon document impacts to 82 wetlands and the creation of 80. The total area of wetland impacted was 74 ha while 42 ha were created, resulting in a net loss of 32 ha or 43%. The 35 permits issued in Washington document impacts to 72 wetlands and the creation of 52. The total area of wetland impacted was 61 ha while 45 ha were created, resulting in a net loss of 16 ha or 26%. In both states, the number of permits requiring compensation increased with time. The area of the impacted and created wetlands tended to be ≤0.40 ha. Permitted activity occurred primarily west of the Cascade Mountains and in the vicinity of urban centers. Estuarine and palustrine wetlands were impacted and created most frequently. The wetland types created most often were not always the same as those impacted; therefore, local gains and losses of certain types occurred. In both states the greatest net loss in area was in freshwater marshes. This study illustrates how Section 404 permit data might be used in managing a regional wetland resource. However, because the data readily available were either incomplete or of poor quality, the process of gathering information was very labor intensive. Since similar analyses would be useful to resource managers and scientists from other areas, development of an up-to-date standardized data base is recommended.     

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.     

LAWS AND PROGRAMS FOR CONTROLLING NONPOINT SOURCE POLLUTION IN FOREST AREAS1

ABSTRACT: Recent federal legislation strengthened nonpoint source pollution regulations and helped to support and standardize pollution control efforts. A comprehensive review of current state and federal programs for forest areas reveals a substantial increase in agency water quality protection activities. These new efforts emphasize monitoring to assess the use and effectiveness of best management practices (BMPs). Recent monitoring reveals that BMP use is increasing and that such use typically maintains water quality within standards. However, information is generally lacking about the cost effectiveness of BMP programs. Carefully designed and executed monitoring is the key to better specification of BMPs and more cost effective water quality protection. (KEY TERMS: water quality; nonpoint source pollution; water law; watershed management; forestry; best management practices.)     

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.     

Role of wetlands in reducing phosphorus loading to surface water in eight watersheds in the Lake Champlain Basin

A landscape-level approach was applied to eight rural watersheds to assess the role that wetlands play in reducing phosphorus loading to surface waters in the Lake Champlain Basin. Variables summarizing various characteristics of wetlands within a watershed were calculated using a geographic information system and then compared to measured phosphorus loading through multiple regression analyses. The inclusion of a variable based on the area of riparian wetlands located along low- and medium-order streams in conjunction with the area of agricultural and nonwetland forested lands explained 88% of the variance in phosphorus loading to surface waters. The best fit model coefficients (P_load = 0.86Ag + 0.64For – 30Ripwet + 160) suggest that a hectare of riparian wetland may be many times more important in reducing phosphorus than an agricultural hectare is in producing phosphorus. These results provide additional support for the concept that protection of riparian wetlands is an important management strategy for controlling stream water quality in multiuse landscapes.     

Use of wetlands for water quality improvement under the USEPA Region V Clean Lakes Program

The United States Environmental Protection Agency (USEPA) Region V Clean Lakes Program employs artificial and modified natural wetlands in an effort to improve the water quality of selected lakes. We examined use of wetlands at seven lake sites and evaluated the physical and institutional means by which wetland projects are implemented and managed, relative to USEPA program goals and expert recommendations on the use of wetlands for water quality improvement. Management practices recommended by wetlands experts addressed water level and retention, sheet flow, nutrient removal, chemical treatment, ecological and effectiveness monitoring, and resource enhancement. Institutional characteristics recommended included local monitoring, regulation, and enforcement and shared responsibilities among jurisdictions. Institutional and ecological objectives of the National Clean Lakes Program were met to some degree at every site. Social objectives were achieved to a lesser extent. Wetland protection mechanisms and appropriate institutional decentralization were present at all sites. Optimal management techniques were employed to varying degrees at each site, but most projects lack adequate monitoring to determine adverse ecological impacts and effectiveness of pollutant removal and do not extensively address needs for recreation and wildlife habitat. There is evidence that the wetland projects are contributing to improved lake water quality; however, more emphasis needs to be placed on wetland protection and long-term project evaluation.     

Strategies for assessing the cumulative effects of wetland alteration on water quality

Assessment of cumulative impacts on wetlands can benefit by recognizing three fundamental wetland categories: basin, riverine, and fringe. The geomorphological settings of these categories have relevance for water quality.Basin, or depressional, wetlands are located in headwater areas, and capture runoff from small areas. Thus, they are normally sources of water with low elemental concentration. Although basin wetlands normally possess a high capacity for assimilating nutrients, there may be little opportunity for this to happen if the catchment area is small and little water flows through them.Riverine wetlands, in contrast, interface extensively with uplands. It has been demonstrated that both the capacity and the opportunity for altering water quality are high in riverine wetlands.Fringe wetlands are very small in comparison with the large bodies of water that flush them. Biogeochemical influences tend to be local, rather than having a measurable effect on the larger body of water. Consequently, the function of these wetlands for critical habitat may warrant protection from high nutrient levels and toxins, rather than expecting them to assume an assimilatory role.The relative proportion of these wetland types within a watershed, and their status relative to past impacts can be used to develop strategies for wetland protection. Past impacts on wetlands, however, are not likely to be clearly revealed in water quality records from monitoring studies, either because records are too short or because too many variables other than wetland impacts affect water quality. It is suggested that hydrologic records be used to reconstruct historical hydroperiods in wetlands for comparison with current, altered conditions. Changes in hydroperiod imply changes in wetland function, especially for biogeochemical processes in sediments. Hydroperiod is potentially a more sensitive index of wetland function than surface areas obtained from aerial photographs. Identification of forested wetlands through photointerpretation relies on vegetation that may remain intact for decades after drainage. Finally, the depositional environment of wetlands is a landscape characteristic that has not been carefully evaluated nor fully appreciated. Impacts that reverse depositional tendencies also may accelerate rates of change, causing wetlands to be large net exporters rather than modest net importers. Increases in rates as well as direction can cause stocks of materials, accumulated over centuries in wetland sediments, to be lost within decades, resulting in nutrient loading to downstream aquatic ecosystems.     

Wise Use of Wetlands: Current State of Protection and Utilization of Chinese Wetlands and Recommendations for Improvement

Wetland protection and utilization sometimes appear to be in conflict, but promoting the wise use of wetlands can solve this problem. All countries face the challenge of sustainable development of wetlands to a greater or lesser extent, but the problem is especially urgent in developing countries, such as China, that want to accelerate their economic development without excessive environmental cost. Chinese wetlands contribute greatly to economic development, but improper use of these natural resources has endangered their existence. It is thus necessary to provide scientific guidance to managers and users of wetlands. In this paper, we analyze the present status of Chinese wetland protection and utilization, and discuss problems in six categories: a lack of public awareness of the need for wetland protection; insufficient funding for wetland protection and management; an imperfect legal system to protect wetlands; insufficient wetland research; lack of coordination among agencies and unclear responsibilities; and undeveloped technologies related to wetland use and protection. The wise use of Chinese wetlands will require improvements in four main areas: increased wetland utilization research, scientific management of wetland utilization, improved laws and regulations to protect wetlands, and wider dissemination of wetland knowledge. Based on these categories, we propose a framework for the optimization of wetland use by industry to provide guidance for China and other countries that cannot sacrifice economic benefits to protect their wetlands.     

Rapid removal of nitrate and sulfate in freshwater wetland sediments

Anaerobic microbial processes play particularly important roles in the biogeochemical functions of wetlands, affecting water quality, nutrient transport, and greenhouse gas fluxes. This study simultaneously examined nitrate and sulfate removal rates in sediments of five southwestern Michigan wetlands varying in their predominant water sources from ground water to precipitation. Rates were estimated using in situ push-pull experiments, in which 500 mL of anoxic local ground water containing ambient nitrate and sulfate and amended with bromide was injected into the near-surface sediments and subsequently withdrawn over time. All wetlands rapidly depleted nitrate added at ambient ground water concentrations within 5 to 20 h, with the rate dependent on concentration. Sulfate, which was variably present in porewaters, was also removed from injected ground water in all wetlands, but only after nitrate was depleted. The sulfate removal rate in ground water-fed wetlands was independent of concentration, in contrast to rates in precipitation-fed wetlands. Sulfate production was observed in some sites during the period of nitrate removal, suggesting that the added nitrate either stimulated sulfur oxidation, possibly by bacteria that can utilize nitrate as an oxidant, or inhibited sulfate reduction by stimulating denitrification. All wetland sediments examined were consistently capable of removing nitrate and sulfate at concentrations found in ground water and precipitation inputs, over short time and space scales. These results demonstrate how a remarkably small area of wetland sediment can strongly influence water quality, such as in the cases of narrow riparian zones or small isolated wetlands, which may be excluded from legal protection.     

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.     

Rapid Assessment of Urban Wetlands: Do Hydrogeomorphic Classification and Reference Criteria Work?

The Hydrogeomorphic (HGM) functional assessment method is predicated on the ability of hydrogeomorphic wetland classification and visual assessment of alteration to provide reference standards against which functions in individual wetlands can be evaluated. The effectiveness of this approach was tested by measuring nitrogen cycling functions in forested wetlands in an urbanized region in New Jersey, USA. Fourteen sites represented three HGM classes and were characterized as “least disturbed reference” or “non-reference” based on initial visual assessment. Water table levels and in situ rates of net nitrogen mineralization, net nitrification, and denitrification were measured over one year in each site. Hydrological alterations, resulting in consistently low or flashy water table levels, were not correlated with a priori designations as reference and non-reference. Although the flat-riverine wetland class had lower net nitrification and higher denitrification rates than riverine or mineral flat wetland classes, this difference was attributable to the lack of hydrologically-altered wetlands in the flat-riverine class, and thus more consistently wet conditions. Within all HGM classes, a classification based on the long-term hydrological record that separated sites with “normal,” saturated hydrology from those with “altered,” drier hydrology, clearly distinguished sites with different nitrogen cycling function. Based on these findings, current practices for designating reference standard sites to judge wetland functions, at least in urbanized regions, are ineffective and potentially misleading. At least one year of hydrological monitoring data is suggested to classify wetlands into groups that have different nutrient cycling functions, particularly in urban landscapes.     

Compliance with Wetland Mitigation Standards in the Upper Peninsula of Michigan, USA

The United States has lost about half its wetland acreage since European settlement, and the effectiveness of current wetland mitigation policies is often questioned. In most states, federal wetland laws are overseen by the U.S. Army Corps of Engineers, but Michigan administers these laws through the state's Department of Environmental Quality (MDEQ). Our research provides insight into the effectiveness of the state's implementation of these laws. We examined wetland mitigation permit files issued in Michigan's Upper Peninsula between 2003 and 2006 to assess compliance with key MDEQ policies. Forty-six percent of files were out of compliance with monitoring report requirements, and forty-nine percent lacked required conservation easement documents. We also conducted site assessments of select compensatory wetland projects to determine compliance with MDEQ invasive plant species performance standards. Fifty-five percent were out of compliance. We found no relationship between invasive species noncompliance and past site monitoring, age of mitigation site, or proximity to roads. However, we found wetland restoration projects far more likely to be compliant with performance standards than wetland creation projects. We suggest policy changes and agency actions that could increase compliance with wetland restoration and mitigation goals.     

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.     

SURFACE WATER WITHDRAWAL ALLOCATION AND TRADING SYSTEMS FOR TRADITIONALLY RIPARLAN AREAS1

ABSTRACT: There is a growing need for water regulations in states traditionally managed by the riparian doctrine. Several states have passed water laws to control withdrawals from streams. Few, if any, however, have set up consistent and defensible methods for allocating water to users. This paper explores several methods for such allocations, examining each in detail and offering numerical examples that compare each on the basis of economic efficiency and effectiveness for maintaining critical stream‐flow standards. This work is part of a study to assess the vulnerability of Midwestern streams to climate change and, especially, surface supplied irrigation spawned by such climate change. The results suggest that it is possible to implement regulations that at once (1) are consistent with the riparian doctrine; (2) control the hydrological and ecological impacts of off stream withdrawals effectively; and (3) preserve the primary economic functions of those withdrawals, including minimizing economic risk. The results further suggest that trading of water permits improves the latter two objectives, but only if both the regulatory system and permit are well‐designed. On the other hand, in the absence of regulations, or under poorly designed regulations, streamflows, and therefore aquatic ecosystems, could be quite vulnerable.     

Predicting Sustainable Ground Water to Constructed Riparian Wetlands: Shaker Trace,Ohio, USA

Water isotopy is introduced as a tool to design, locate, and select storm water best management practices for the prediction of sustained ground water inflows to prospective constructed wetlands. A primer and application of the stable isotopes, ¹⁸O and ²H, are discussed for riparian wetland restoration areas among an agricultural landscape in southwestern Ohio. Conventional piezometric measurements were ambiguous in identifying groundwater mounding across a transect which includes numerous agricultural tile drains. Instead evaporative potential data represented by δ¹⁸O values indicated a well delineated zone for prospective constructed wetlands. All successful constructed wetland areas thus far at Shaker Trace are represented by ground water with depleted δ¹⁸O values below −9.0‰ VSMOW. Such areas of sustainable ground water inflow could either be due to perched units at depth or simply the result of an increased flow gradient.     

An Ecological Integrity Index for Littoral Wetlands in Agricultural Catchments of Semiarid Mediterranean Regions

The main goal of the present study was to develop an ecological integrity index for littoral wetland management and conservation in semiarid Mediterranean areas that have been highly impacted by agriculture, including the selection of pressure and state indicators at landscape and wetlands scales that reflect the status, condition, and trends of wetlands ecosystems. We used a causality framework based on the relationship between pressure of anthropogenic activities and the ecological state of wetlands and their catchments, integrating environmental, biologic, economic, and social issues. From the application of 51 indicators in 7 littoral wetlands in the southeastern Iberian Peninsula, we selected 12 indicators (5 at catchment scale and 7 at wetland scale) to constitute the ecological integrity index proposed. The potential nitrogen export per area at catchment scale and the potential relative nitrogen export from the area surrounding the wetlands were the best pressure single predictors of state indicators with a causal relationship with environmental meaning. Wetlands in catchments with more agriculture had less ecological integrity than those in less impacted areas. A wide riparian zone in some wetlands acts as a buffer area, diminishing the effects of intensive agriculture. The index of ecological integrity developed here has a number of essential characteristics that make it a useful tool for ecosystem managers and decision-makers. The index can be used to (1) assess and control ecological integrity, (2) diagnose probable causes of ecological impairment, (3) establish criteria for protecting and restoring wetland ecosystems, and (4) integrate catchment management. Published online     

Characterizing the Extent of Spatially Integrated Floodplain and Wetland Systems in the White River,Indiana, USA

Floodplain delineation may inform protection of wetland systems under local, state, or federal laws. Nationally available Federal Emergency Management Agency Flood Insurance Rate Maps (FIRMs, “100‐year floodplain” maps) focus on urban areas and higher‐order river systems, limiting utility at large scales. Few other national‐scale floodplain data are available. We acquired FIRMs for a large watershed and compared FIRMs to floodplain and integrated wetland area mapping methods based on (1) geospatial distance, (2) geomorphic setting, and (3) soil characteristics. We used observed flooding events (OFEs) with recurrence intervals of 25‐50 to >100 years to assess floodplain estimate accuracy. FIRMs accurately reflected floodplain areas based on OFEs and covered 32% of river length, whereas soil‐based mapping was not as accurate as FIRMs but characterized floodplain areas over approximately 65% of stream length. Geomorphic approaches included more areas than indicated by OFE, whereas geospatial approaches tended to cover less area. Overall, soil‐based methods have the highest utility in determining floodplains and their integrated wetland areas at large scales due to the use of nationally available data and flexibility for regional application. These findings will improve floodplain and integrated wetland system extent assessment for better management at local, state, and national scales.     

Denitrification in alluvial wetlands in an urban landscape

Riparian wetlands have been shown to be effective "sinks" for nitrate N (NO3-), minimizing the downstream export of N to streams and coastal water bodies. However, the vast majority of riparian denitrification research has been in agricultural and forested watersheds, with relatively little work on riparian wetland function in urban watersheds. We investigated the variation and magnitude of denitrification in three constructed and two relict oxbow urban wetlands, and in two forested reference wetlands in the Baltimore metropolitan area. Denitrification rates in wetland sediments were measured with a 15N-enriched NO3- "push-pull" groundwater tracer method during the summer and winter of 2008. Mean denitrification rates did not differ among the wetland types and ranged from 147 +/- 29 microg N kg soil(-1) d(-1) in constructed stormwater wetlands to 100 +/- 11 microg N kg soil(-1) d(-1) in relict oxbows to 106 +/- 32 microg N kg soil(-1) d(-1) in forested reference wetlands. High denitrification rates were observed in both summer and winter, suggesting that these wetlands are sinks for NO3- year round. Comparison of denitrification rates with NO3- standing stocks in the wetland water column and stream NO3- loads indicated that mass removal of NO3- in urban wetland sediments by denitrification could be substantial. Our results suggest that urban wetlands have the potential to reduce NO3- in urban landscapes and should be considered as a means to manage N in urban watersheds.