When is a Wetlands Permit Not Required?
Numerous real estate development projects have been encumbered and delayed due to wetlands related regulatory issues. Obtaining a Corps wetlands permit for a large project is expensive and may take from 1 to 3 years and possibly longer.
Depending on site-specific circumstances, many development projects may avoid the risks associated with the wetlands permit process by carefully evaluating, documenting and avoiding impacts to jurisdictional wetlands and other waters of the United States (WOTUS).
Not all wetlands trigger a permit requirement. Isolated wetlands are not regulated. Isolated wetlands are non-tidal freshwater wetlands which are surrounded by uplands and do not physically abut (or touch) jurisdictional waters (WOTUS) such as perineal streams and tributaries that carry flowing water year-round.
Isolated wetlands are generally located inland and away from Traditional Navigable Waters. Isolated wetlands are the most common type of wetlands that are found throughout Texas and the greater Houston area, and often become dry during hot summer months through early fall.
Ephemeral features are not regulated. Ephemeral features include shallow streams, ditches, swales, drainage channels, certain isolated wetlands and ponds; whose only source of water is precipitation, and which tend to be dry during a typical year.
Depending on the site-specific circumstances of a project, a Section 404 Wetlands Permit is generally not required for isolated wetlands and ponds, ephemeral streams, and for most ditches, detention ponds and drainage infrastructure.
Landowners should undertake due diligence to evaluate and document the regulatory status of wetlands, ponds, streams and ditches on their property. This enables planning future work to avoid impacts to jurisdictional wetlands and waters of the United States (WOTUS), and thereby avoid the requirement to notify the Corps of Engineers and apply for a Section 404 permit.
Depending on site-specific circumstances, many development projects may avoid the risks associated with the wetlands permit process by carefully evaluating, documenting and avoiding impacts to jurisdictional wetlands and other waters of the United States (WOTUS).
Not all wetlands trigger a permit requirement. Isolated wetlands are not regulated. Isolated wetlands are non-tidal freshwater wetlands which are surrounded by uplands and do not physically abut (or touch) jurisdictional waters (WOTUS) such as perineal streams and tributaries that carry flowing water year-round.
Isolated wetlands are generally located inland and away from Traditional Navigable Waters. Isolated wetlands are the most common type of wetlands that are found throughout Texas and the greater Houston area, and often become dry during hot summer months through early fall.
Ephemeral features are not regulated. Ephemeral features include shallow streams, ditches, swales, drainage channels, certain isolated wetlands and ponds; whose only source of water is precipitation, and which tend to be dry during a typical year.
Depending on the site-specific circumstances of a project, a Section 404 Wetlands Permit is generally not required for isolated wetlands and ponds, ephemeral streams, and for most ditches, detention ponds and drainage infrastructure.
Landowners should undertake due diligence to evaluate and document the regulatory status of wetlands, ponds, streams and ditches on their property. This enables planning future work to avoid impacts to jurisdictional wetlands and waters of the United States (WOTUS), and thereby avoid the requirement to notify the Corps of Engineers and apply for a Section 404 permit.