Reducing Wetlands Regulatory Burdens
July 21, 1995
The U.S. Army Corps of Engineers recently announced two changes to the Clean
Water Act wetlands program designed to reduce regulatory burdens on landowners.
These two initiatives are part of a comprehensive 40-point wetlands plan issued by the
Clinton Administration in August 1993. The Administrations' Plan has made wetlands
programs fairer and more flexible for landowners and more effective in protecting
these important aquatic resources. Several other initiatives have already been
completed by the Corps, the Environmental Protection Agency, and other federal
agencies. Others will be completed over the next few months.
The president recently announced that the Corps will issue a new general permit for
the construction or expansion of single- family homes in wetlands. The permit will allow
landowners to affect up to one-half acre of non-tidal wetlands for the home and
attendant structures such as a driveway or garage. Landowners will no longer have to
go through the more lengthy individual permit process which typically takes over 120
days. Under Corps general permits, landowners receive decisions on their
applications in an average of 16 days.
Also, the Corps will propose for public comment a new process that, for the first time,
will allow landowners the opportunity to appeal a Corps wetlands jurisdiction decision
or permit denial. Individuals dissatisfied with such decisions will have an
administrative review process and will not have to automatically challenge the Corps in
court, which can be expensive and time consuming. [printed at page 37280 of the
Federal Register on July 19]
Dr. John Zirschky, acting assistant secretary of the Army for Civil Works said, "These
initiatives and others in the president's Wetland Plan reflect this Administration's
commitment to reducing regulatory burdens on the public while protecting the
environment." In addition to these changes, the Corps is committed to improving the
performance of the wetlands regulatory program. For example, in 1994 the average
time to get a permit decision was 27 days. Less than one percent of all applications
were denied. While a few old cases are still pending, the Corps has reduced the
backlog of cases over two years old by 70 percent -- down to 62 applications out of
several thousand pending.
Permits are issued in a manner that allows reasonable development and protects the
Nation's aquatic resources such as wetlands. In this regard, the Corps has been
successful in balancing the interests of all property owners -- allowing reasonable
development, protecting all landowners, and protecting our Nation's aquatic resources.
For more information, contact Captain Joe Piek, Army Public Affairs, 703/ 697-7591, or
George Halford, U.S. Army Corps of Engineers Public Affairs, 202/761-1801.
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