etlands are considered waters of the U.S. and are subject to federal regulations under the Clean Water Act. Ongoing forestry operations are exempt from obtaining a 404 dredge and fill permit provided that certain requirements are met. To maintain this permitting exemption, the forestry operation (1) must be established and ongoing; (2) must not change or convert the wetland to an upland; (3) must not change the use of the wetland where the reach and flow of waters are impaired. Change in use is generally defined as changing forest land to agriculture, or forest land to development or similar changes. Conversion to upland is also a change in use. Specific regulatory requirements and interpretations are constantly evolving. Landowners should understand current requirements prior to implementing forestry operations on lands that are or may be considered wetlands.

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