Coalition Comments on State Wetland Definition and Procedures for Discharges

  • Sep 18, 2017
  • Comment Letters

Agency:  State Water Resources Control Board

Subject: State Wetland Definition and Procedures for Discharges of Dredged or Fill Materials to Waters of the State

ACWA was a signatory on three comments letters on this issue.

Letter excerpt from one comment letter:

While we appreciate the State Board’s efforts to create a program that is consistent with the Corps’ current regulatory requirements, we continue to have concerns about the scope of the Procedures which are overbroad relative to the needs and legal authority, and the burdens they will place on public and private project sponsors and on Water Board staff.

As currently drafted, the Procedures will create unnecessary conflict by proposing a new wetland definition that differs from the definition that has been used by the U.S. Army Corps of Engineers (“Corps”) since 1977. This will result in features being classified as a wetland by the Water Board but as non-wetland waters by the Corps, leading to conflicting alternatives analysis determinations and mitigation requirements.

The Procedures will also set new regulatory requirements that will affect projects across the state — from large infrastructure projects to smaller projects necessary for the operations of many medium and small business owners, who are now complying with a multiplicity of new and costly water quality regulations.

Download coalition letter

Download second coalition letter

Download third comment letter

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