Clinton-era wetland rule rescinded

Change speeds up process for filling wetlands

JOHN HEILPRIN, THE ASSOCIATED PRESS

WASHINGTON -- Developers no longer will have to restore or create new wetlands for every acre they drain or fill under new regulations issued by the Bush administration Monday.

The new Army Corps of Engineers rules, which revoke Clinton-era requirements, also will help developers win faster government approval for draining and filling permits under the Clean Water Act, if the effect on streams or marshes is minimal.

Instead of requiring acre-for-acre restoration on each project, the new regulations require that there be "no net loss" of wetlands in any of the Corps' 38 U.S. districts, which are established on the basis of watersheds rather than state boundaries.

John Studt, chief of the Corps' regulatory branch, said the new permit requirements "will do a better job of protecting aquatic ecosystems while simplifying some administrative burdens for the regulated public."

Left in place was a Clinton-era requirement that developers get a permit for any project involving more than a half-acre of wetlands. Until 2000, developers had to get government approval only if more than three acres of wetlands were affected.

The new regulations also eliminate some restrictions on development in flood plains and revoke a prohibition on filling more than 300 linear feet along any stream.

Comments

Julie Sibbing, a wetlands expert for the National Wildlife Federation, said the new regulations will allow more wetland areas to be paved over. "These permits certainly signal the end of 'no net loss' as a policy of the United States," she said.

Susan Asmus, a vice president of the National Association of Home Builders, described the new permits as a positive step.

"This is the first time in the 25 years of the program that the Corps has not added limitations or more paperwork requirements," she said.

The new rules were adopted without any formal comment from the Interior Department. The Fish and Wildlife Service had objected to several of the measures, but the objections weren't forwarded. Instead, Interior Secretary Gale Norton sent word that she supported the plan, said Mark Pfeifle, a department spokesman.

The Olympian Copyright 2001

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