Corps Releases Final Nationwide Permits
And They Are Already Under Attack
Read Audubon's rebuttal of an industry-sponsored study of the new permits
Help Audubon Stop Congress from Rolling Back Progress on Wetlands
On March 9, 2000, the U.S. Army Corps of Engineers announced new permits that will be more protective of wetlands than the "Nationwide Permit 26" they replace. Audubon and other conservation groups and concerned citizens worked for nearly three years to convince the Corps to tighten up these permits, and, while they still need strengthening, the new permits are a significant step forward. Here are the basics:
- a one-half acre cap for the size wetlands that can be filled under most of the new permits - the old permit had a cap of ten acres, which was decreased to three acres several years ago
- a 300 linear foot cap for stream impacts for most projects (down from 500 linear feet)
- use of most nationwide permits is prohibited in the one-hundred year floodplain below headwaters and prohibited in the floodway (narrower than floodplain) above headwaters
- use of most nationwide permits is prohibited in Critical Resource Waters, including Outstanding Natural Resource Waters, National Wild and Scenic Rivers, NOAA-designated marine sanctuaries, National Estuarine Research Reserves, state natural heritage sites, coral reefs, and other sensitive aquatic ecosystems
- a Preconstruction Notice is now required for projects affecting more than one-tenth acre of wetland (under the old permit, a PCN was only required when impacts were greater than one acre)
- when projects don't meet these criteria, they are required to obtain an "Individual Permit" that has stricter standards for public notice, environmental review, and mitigation.
You can find the text of the permits, background information on the Nationwide Permit Program, and other materials at http://www.usace.army.mil/inet/functions/cw/cecwo/reg/.
~How You Can Help~
The National Association of Homebuilders has already filed a suit seeking to overturn the new permits. NAH and their allies are pressuring Congress to cut the Corps' budget for implementing the permits and to pass "riders" to appropriations bills that would throw out the permits.
You can call, write, or email your Congressional Representative and tell them wetlands are important to you and your community and no anti-wetland riders or budget cuts should be passed. We still lose over 100,000 acres of wetlands each year, and Congress should act to protect wetlands, not make it easier to destroy them.
The March 9, 2000 release starts a ninety-day comment period when state environmental agencies can certify, deny or place conditions on these new wetland permits. This is called the State Certification process, and you can help make sure your state agency does its job. In the past, many states denied use of the old Nationwide 26 permit and required Individual Permits for all wetland impacts.
You can contact your state environmental agency (a list of contact numbers is given below) to find out how to get involved in their State Certification process. You can ask for your name to be placed on their mailing list for all notices and public hearing on this process. You can also talk to your regional U.S. Fish and Wildlife Service staff, FEMA (Federal Emergency Management), your local government, and your local Corps of Engineers district office to gather data on how nationwide permits have affected wetlands in your community and state. This information will help you convince your state environmental agency that wetlands need more protection in your state.
Please contact the Wetlands Campaign if you'd like more information or assistance. Thank you!
