Last August, the Clinton Administration proposed sweeping reforms to the federal wetlands regulatory scheme. Similarly broad legislation has been introduced in the Congress. Although wetlands reform bills have been proposed in the past several sessions of Congress, there is growing consensus that a bill will pass this year. Clean Water Act reauthorization and wetlands are at the top of Congress' environmental agenda for 1994. Federal legislation restricts development of wetlands.
Most states also regulate wetlands.
Potential developers need to determine if any jurisdictional wetlands are present on the project site early in the process to ensure the selected area is buildable. Regulated lands include much more than marshes and swamps. Further, a recent Ninth Circuit decision held that artificially created wetlands, such as man-made ponds, may be subject to regulation. The past several years of wetlands regulation have been marked by controversy and confusion. Waters of the United States are defined to include wetlands.