Wetland permitting has been referred to above. Many states have laws that provide detailed requirements for work conducted in tidal or nontidal wetlands. Many of these have adopted regulations specifying the use of forestry and agricultural BMPs, permit requirements, prohibitions of certain activities and other enforceable requirements. Ohio Rev. Stat. Some of these floodplain laws and programs provide authority to limit or control nonpoint source pollution.
Some laws also have direct prohibitions on depositing contaminants within the floodways.
In sum, laws addressing hydromodification and activities in floodplains and floodways can play a role in enforceable controls for nonpoint source pollution. State laws contain little on nonpoint requirements for highways, except to the extent to which construction activities are made subject to statewide erosion and sediment control laws. Although there is little in most state statutes, there are often enforceable controls established by contract requirements incorporating state manuals and specifications. Moreover, the federal Intermodal Surface Transportation Efficiency Act requires compliance with erosion control guidelines in highway construction funded with federal dollars. Although most of the requirements are not found in laws, some states do have provisions in law that indicate the kinds of requirements that can apply.