Thus, an activity that might win approval in one district might be denied in the other. Finally, developers should bear in mind that Section 404 was written to promote interstate commerce. In the view of the legislators and proponents for the law, that interstate commerce would include activities such as waterfowl hunting, trapping and tourism. Thus, any site that is a potential home to a mallard or a muskrat could be viewed as being valuable to interstate commerce. Layered on top of the federal regulations are laws adopted by states, counties and local governments.
States vary considerably in the strictness of their wetlands laws.
Most developers know, for example, that wetland protection laws have been more stringent in New Jersey than Pennsylvania. In Pennsylvania, Section 105 of the Dam Safety and Encroachment Act addresses wetlands. Section 105, which is administered by the DER, mandates that a permit application be filed for dams, water obstructions and encroachments. However, the jurisdiction of the DER has been broadened to oversee all activities occurring in wetlands. Thus, non-filling activities such as draining and excavating wetlands require a permit.