Questions About Wetlands Remain After Court Ruling

"State and local governments were hoping a recent U.S. Supreme Court decision would clarify when public projects on or near wetlands require permits from the U.S. Army Corps of Engineers. Many county officials also were hoping the ruling would scale back the corps' frequent practice of regulating gutters, ditches and irrigation systems. A split decision, however, left unanswered questions that local officials have long-struggled with, including the federal government's definition of a wetland."

"Because of the lack of consensus in the Supreme Court opinions over what waters and wetlands are subject to federal jurisdiction, some ephemeral and intermittent streams and waterways, as well as wetlands that are remote and not directly abutting major waterways, might be without federal protection but still subject to state laws and regulations..."

Thanks to Jon Cecil, AICP