Wetlands - local land use after the SWANCC Supreme Court decision and the "new" Tulloch Rule

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2	WETLANDS
3	Regulatory Definitions of Wetlands Corps/EPA: “areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.”
4	Wetland Delineations
5	1987 Corps-EPA MOA on Wetland Delineations “Day to day” wetland determinations were delegated to the Corps; however,the EPA retained the authority to make wetland determinations in “special cases.” Corps must adhere to EPA guidelines and agency decisions concerning the geographic scope of the 404 program.
6	Wetland Functions and Values Prevent flooding and erosion Filter out harmful pollutants Habitat for endangered species Nesting grounds for birds and spawning grounds for commercial fish Source of recreation and income
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8	Southeast Wetland Losses
9	Corps’ Regulatory Authority Section 10 of the Rivers and Harbors Act of 1899 Section 404 of the Clean Water Act of 1972
10	Section 10 Extends to the Ordinary High Water Mark of Navigable Waterbodies Requires Permit for all Activities affecting the Water’s Course, Location, Condition and Capacity
11	Clean Water Act Section 404
12	WATERS OF THE U.S. Navigable Waters Interstate Waters Other Waters, The Use, Degradation or Destruction Of Which Could Affect Interstate Commerce Impoundments Tributaries To Any Of The Above Territorial Seas Wetlands Adjacent To Any Of The Above
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14	Corps Expands “Navigable Waters” Phase I (1975): navigable waters and adjacent wetlands. Phase II (1976): Lakes over five acres and adjacent wetlands and tributaries Phase I waters. Phase III (1977): All other waters of the United States which are necessary for water quality.
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16	Waters that could affect interstate commerce Migratory Bird Rule Waters which make up an endangered species habitat. Waters used to irrigate crops sold in interstate commerce.
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19	Interpretations of SWANCC Narrow interpretation: SWANCC only invalidated the migratory bird rule. Corps can assert jurisdiction over non-navigable or isolated waters that connect in some way to interstate or navigable waters.
20	What happens now? How far will the courts go to find a navigable water connection? Corps must establish a sufficient nexus between the subject water body and a navigable water. How will courts interpret adjacency?
21	WATERS OF THE UNITED STATES Navigable Waters Interstate Waters Other Waters, The Use, Degradation or Destruction Of Which Could Effect Interstate Commerce Impoundments Tributaries To Any Of The Above Territorial Seas Wetlands Adjacent To Any Of The Above
22	Wetland losses in Mississippi
23	Primary causes of wetland loss in Mississippi Conversion to agriculture Commercial and residential development Agricultural and industrial runoff Highway and flood control projects
24	"Coastal Wetlands Protection Act" Coastal Wetlands Protection Act The Mississippi Coastal Program The 401 Water Quality Certification Program The Mississippi Air and Water Pollution Control Law The Mississippi Storm Water Management District Act Wildlife Heritage Fund Migratory Waterfowl Stamp Program Mississippi Natural Heritage Law of 1978
25	Mississippi’s Coastal Wetlands
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27	401 Water Quality Certification Program
28	Air & Water Pollution Control Law The Mississippi Air and Water Pollution Control Law limits state regulatory authority to “waters of the State.” To not be considered a “water of the State” the waterbody must be hydrologically landlocked on private property and not subject to regulation under the CWA.
29	The Fish and Wildlife Classification Fishing Support aquatic life and wildlife Secondary contact
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31	Hypothetical
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33	Options in Mississippi LOCAL GOVERNMENTS The Mississippi Storm Water Management District Act PRIVATE CITIZENS Wildlife Heritage Fund Migratory Waterfowl Stamp Program Mississippi Natural Heritage Law of 1978
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