Under the Clean Water Act (CWA), you cannot impact a federally protected stream or wetland unless you obtain a 404 permit from the Army Corps of Engineers (ACOE).See 33 U.S.C. §§ 1344(a), 1362(7). If you trigger the need for a 404 permit, you will also need a 401 Water Quality Certification. Ohio Administrative Code
EPA Releases “Waters of the U.S.” Rule
On May 27, 2015, US EPA and the Army Corps of Engineers (ACOE) released the final version of the rule which defines federal jurisdiction over waterways (referred to as the "Clean Water Rule").
Those who support the rule argue that it merely puts in place existing guidance and practice. Supporters also argue
City of Cleveland Proposes Riparian Setback Ordinance
Northeast Ohio has had the largest number of political subdivisions in Ohio enact riparian and wetland setback ordinances. Now, the City of Cleveland is proposing to get into the act with its proposed Setback Ordinance 1555-13.
News of the City’s proposal got out this week when many property owners who could be subject
Split in Circuits as to Whether Army Corps JD’s are Appealable
Bringing some level of sanity to the current state of wetland and stream permitting, the Eighth Circuit Court of Appeals has determined that an approved jurisdictional determination (JD) is a final agency action that can be challenged. See, Hawkes Co., Inc. et al v. Corps, Case No. 13-3067 (April 10, 2015). The Eighth Circuit
Challenging Jurisdictional Stream and Wetland Determinations Proves Difficult
Under the Clean Water Act (CWA), you cannot impact a federally protected stream or wetland unless you obtain a 404 permit from the Army Corps of Engineers (ACOE). The key issue- what is a "federally protected stream or wetland?"
As discussed previously on this blog, which streams and wetlands are protected under the CWA has
Science Board Weighs in on EPA’s Water Jurisdiction Rule
The Science Advisory Board (SAB) has provided advice and comment on EPA’s proposed rule that defines which streams and wetlands are federally regulated. The SAB’s comments are interesting in two ways:
- Despite comments that EPA’s proposal pulls under federal regulation way too many waterways, SAB believes there are too many exceptions in the EPA’s proposal;
Ohio EPA’s Overhaul of Water Regulations
This fall Ohio EPA Division of Surface Water (DSW) has been releasing a series of intertwined rule packages that govern streams and discharges to waterways. Some business groups have said that the packages represent the most significant overhaul of water regulations in thirty years.
To date, 3 out of 4 packages have been released:
Controversial Ohio EPA Rule Proposes New Permit For Impacts To All Streams
On September 12, 2008, Ohio EPA issued proposed rules that would require a new permit, called a "state water quality permit", for all dredge or fill impacts to non-federally regulated streams. Ohio may be the first state in the country to try and expand state stream permit requirements in reaction to recent U.S. Supreme