WETLANDS
Proposed
Temporary Rule for Isolated Wetlands
In July
of 2001, the Environmental Management Commission proposed a temporary rule
regarding isolated wetlands in the state. Click on the Adobe logo 
for a copy of the proposed rule.
Federal
Wetland Regulations
Federal regulations define wetlands as "..areas
inundated or saturated by surface or groundwater at a frequency and duration to
support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs and similar areas."
Activities in
wetlands are regulated under section 404 of the Clean Water Act. This relates to
"dredge and fill activities." Section 404(f)(1) provides an exemption
from permitting for certain forestry, agricultural and ranching activities.
To be exempt from
permitting, the activities must:
be
established and ongoing. While not defined in federal regulations, demonstration
of active forest management, the past history of the property, a written
management plan and enrollment under the use-value tax program for forestry are
all evidence that the forestry operation is "established and ongoing."
be normal
activities. "Normal activities" include seeding, planting, bedding,
harvesting, cultivating, plowing, minor drainage and forest road construction.
not convert to a
new use. The activity cannot convert the wetlands to a new use (for example,
forest to agriculture) and cannot convert the wetland to an upland.
Landowners do not
need to notify state or federal agencies in order to take advantage of this
permitting exemption.
However, landowners should consult a professional forester to avoid possible
violations.
Contact Bob
Slocum at 919-834-3943 or 800-231-7723 or by e-mail at rwslocum@ncforestry.org
if you want a copy of "What Landowners Need to Know About Practicing
Forestry in Wetlands in North Carolina."
State
Wetland Regulations
In 2000, the NC Environmental
Management Commission adopted a rule (15A NCAC 2B .0230) that incorporated the
federal wetland provisions for forestry and agriculture into state rule. This
provides the mechanism for forestry and agricultural operations to comply with
the state wetland standards found in (15A NCAC 2B .0231). In the addition
to the federal requirements, the state rule requires that spoil from any ditch
construction be deposited within 20 feet of the ditch. Further, the state rule
gives authority to the Director of the Division of Water Quality, in
consultation with the Corps of Engineers andor EPA, to determine if an activity
falls within or is in compliance with the permitting exemption.
Note: If
a landowner's forestry operation is chllenged by EPA, the Corps of Engineers or
the N.C. Division of Water Quality on the basis of wetland regulations, please
contact the NCFA immediately.
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