Wetlands
Protection
Position: NCCBI recognizes the value of wetlands and
wetlands protection. However, the 401 certification rules adopted by
the North Carolina Environmental Management Commission (EMC)
needlessly complicate the existing 404 permit program regulating this
resource. The rules create a new permit program that will
significantly increase the cost of construction projects in North
Carolina. In addition, as recognized by the Rules Review Commission,
the rules are beyond the lawful authority of the EMC. Moreover, classification of
wetlands as a separate water body has created some unintended
regulatory consequences. The classification of wetlands as a separate
water body has created a situation where activity in wetlands perforce
violates water quality standards effected by otherwise lawful
activities. The regulated public now faces a dilemma of being
considered as violating water quality standards for wetlands if a
lawful activity is undertaken which affects the “uses” of a
classified wetland, even though there was no activity in the wetland,
and no permit required. NCCBI favors implementation of the State’s
Section 401 water quality certification program by focusing
exclusively on water quality standards, as required by federal law,
rather than implementing a new and separate wetlands permitting
scheme, as the State has done.
Explanation: The United
States Environmental Protection Agency (EPA) and the United States
Army Corps of Engineers (COE) jointly administer Section 404 (permits
for the deposition of dredged or fill material into waters of the
United States) of the Clean Water Act. Partly due to the
administration of the program by two different federal agencies, the
increasing complexity of the program, and the fact that the program's
scope has expanded dramatically in recent years, the current
regulatory program is confusing to the regulated public. The wetlands
rules adopted by the EMC over the objection of the Rules Review
Commission further complicate the area by, in effect, creating a new
State permit program. Additionally, the EMC's permit program
establishes rigid and burdensome mandatory mitigation ratios that will
result in significantly increased costs for projects involving
wetlands. The rules will make it more difficult, time consuming and
costly to site new industries, expand existing facilities, construct
needed highways, and conduct community development activities
throughout North Carolina. Also
, the rules will add
significant administrative costs to an already overburdened state
government. The General Assembly has not delegated authority to the
EMC to establish a permit program for wetlands activities, nor is such
a delegation necessary, given the exercise of authority in this area
by the COE and EPA.
If you have comments on any of the NCCBI positions
or other issues,
please
click here for a feedback form |
-
Administrative Procedures
Act / Regulatory Reform
Air Quality
-
Brownfields Redevelopment
-
Communications
-
Endangered Species/Critical Habitats
-
Environmental Protection Policy
-
Environmental Justice
Executive Summary
-
Pollution Prevention, Waste Reduction, And
Energy Management
Risk Management
Sustainable Development
and Growth Planning
-
Science Education
-
Water Quality Protection
|