The North Carolina Environmental Management Commission (EMC) adopted the federal guidelines and requirements pertaining to forestry and agriculture in jurisdictional wetlands (404(f)(1)). This was done to provide a mechanism for these activities to comply with the state wetland standards.  

The only significant change relates to maintenance of drainage ditches. The state rule requires that spoil be deposited within 20 feet of the ditch or removed to upland. 

Pesticides in Wetlands
In December of 2004, the NC Pesticide Board approved an enforcement policy dealing with the application of pesticides in wetlands. The purpose is to address ambiguities in the label directions on some commonly used forestry herbicides, particularly Arsenal and Garlon. The new policy states:

"No pesticide can be applied to surface water unless it has an aquatic label. An exception exists if ephemeral water is present with little likelihood of the water moving offsite. Ephemeral water is surface water (i) that temporarily accumulates in shallow depressions during and following rain events, (ii) that is less than one foot deep, and (iii) that has been present less than 30 consecutive days at the time of application. This exception is does not apply if the product label has an aquatic organism toxicity statement."

This should resolve many of the concerns and problems without any significant, adverse impact on forestry.

Supreme Court Decision on Isolated Wetlands
In January, the US Supreme Court, in a 5-4 vote, essentially removed isolated wetlands from regulatory control by EPA and Corps of Engineers. One significant effect of this ruling will be to throw regulatory issues associated with these wetlands back to the state level. While we were successful in getting the Environmental Management Commission (EMC) to incorporate the federal 404(f)(1) provisions for forestry into state rule, this decision may open the door for this issue to resurface. Staff will review this further.

Fish and Wildlife Service Data on Wetland Loss
The Fish and Wildlife Service has released an updated National Wetlands Inventory report titled "Status and Trends of Wetlands in the Conterminous United States 1986-1997." The report apparently states that 23% of the wetlands losses during the period were the result of silvicultural activities. This appears based on definitions/assumptions that all pine plantations and clearcuts were no longer wetlands. AFPA has submitted a letter to the Service challenging this data.

Click here to view historical information regarding this issue.

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