The U.S. Army Corps of Engineers defines wetlands as “those areas that are inundated or saturated with ground or surface water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted to life in saturated soil conditions.” Wetlands are an important natural system because of the diverse biological and hydrologic functions they perform. These functions could include water quality improvement, groundwater recharge, pollution treatment, nutrient cycling, provision of wildlife habitat and niches for unique flora and fauna, stormwater storage, and erosion protection.
Wetlands are protected as a subset of the “waters of the United States” under Section 404 of the Clean Water Act (CWA). The term “waters of the United States” has broad meaning under the CWA and incorporates deepwater aquatic habitats and special aquatic habitats (including wetlands). “Jurisdictional” waters of the United States are areas regulated under the CWA and could also include coastal and inland waters, lakes, rivers, ponds, streams, intermittent streams, vernal pools, and “other” waters that if degraded or destroyed could affect interstate commerce.
Section 404 of the CWA authorizes the Secretary of the Army, acting through the Chief of Engineers, to issue or deny permits for the discharge of dredged or fill materials into the waters of the United States, including wetlands. In addition, Section 404 of the CWA also grants states with sufficient resources the right to assume these responsibilities.
Section 401 of the CWA gives the state board and regional boards the authority to regulate, through water quality certification, any proposed federally permitted activity that might result in a discharge to water bodies, including wetlands.
24 https://www.invasivespeciesinfo.gov/executive-order-13112
25 See Chapter 10 for more on invasive species and efforts to control them.
Furthermore, wetlands are protected under Executive Order 11990, Protection of Wetlands (43 FR 6030) (https://www.ecfr.gov/cgi-bin/textidx? node=pt18.2.725&rgn=div5), the purpose of which is to reduce adverse impacts associated with the destruction or modification of wetlands. The secretary of each military service has established procedures to redelegate authority for the protection of wetlands to a lower administrative level, typically at the major operational command. The commander at that level, typically serving as chair of command’s Environmental Protection Committee, must sign a Finding of No Practicable Alternative (FONPA) before any action within a federally designated wetland may proceed. In preparing a FONPA, the military unit must consider alternatives that will satisfy justified program requirements, meet technology standards, are cost effective, do not result in unreasonable adverse environmental impacts, and other pertinent factors. When the practicality of alternatives has been fully assessed, only then should a statement regarding the FONPA be made into the associated FONSI or Record of Decision (RoD).
As a result of the previously cited federal and state regulations, the military services are responsible for identifying and locating jurisdictional waters of the United States (including wetlands) occurring on military lands where these resources have the potential to be impacted by military mission activities. Such impacts could include construction of roads, buildings, runways, taxiways, navigation aids, and other pertinent structures or activities as simple as culvert crossings of small intermittent streams, riprap placement in stream channels to curb accelerated erosion, and incidental fill and grading of wet depressions.
Next Page: Water conservation
Author
J. Douglas Ripley, Environmental Consultant U.S. Air Force (Retired)
With updates and Additional contributions by: James van Ness, Senior Level Attorney Advisor Office of the Secretary of Defense
Other issues of conservation significance and the policies which govern them
Other issues of conservation significance and the policies which govern them
Cooperation conservation efforts