Alabama Wetlands -

Many people may wonder, "Why do we not just have a law passed that protects and restores wetlands?" While that may seem like a legitimate question, it is much more complicated than it seems. First we must take a look at the previous major pieces of legislature that have brought us to the current state of wetlands regulation.

Federal Legislature Affecting Wetlands

Program or Act	Primary Implementing Agency	Effect on Wetlands
Migratory Bird Hunting and Conservation Stamps (1934)	Federal Wildlife Service	Acquires or purchases easements from revenue from fees paid by hunters for Duck Stamps
Federal Aid to Wildlife Restoration Act (1937)	Federal Wildlife Service	Provides grants to states for acquisition, restoration, and maintenance of wildlife areas.
Rivers and Harbors Act (1938)	Federal Wildlife Service	Provides for wildlife conservation to be given due regard in planning water resources projects
Wetlands Loan Act (1961)	Federal Wildlife Service	Provides interest-free federal loans for acquisitions and easements
Land and Water Conservation Fund	Forest Service, Bureau of Land Management, FWS, National Park Service (DOI)	Acquires wildlife areas
Water Bank Program (1970)	Agriculture Stabilization and Conservation Service (USDA)	Leases wetlands and adjacent upland habitat from farmers for waterfowl habitat over 10 year periods
U.S. Tax Code	IRS	Provides deductions for donors of wetlands
Section 404 of the Federal Water Pollution Control Act (1972) amended as the Clean Water Act (1977)	U.S. Army Corps of Engineers	Regulates activities that involve disposal of dredged or fill material
Executive Order 11988 - Floodplain Management (1977)	All agencies	Minimizes impact from federal activities
Executive Order 11990 - Protection of Wetlands (1977)	All Agencies	Minimizes impacts from federal activities
Coastal Zone Management Act (1985)	USDA	Provides funding for state wetlands initiatives
Food Security Act (1985)	USDA	Withholds subsidies for agricultural improvements involving wetland conversion
Coastal Wetland Planning, Protection, and Restoration Act (1990)	Fish and Wildlife Service	Awards grants to acquire, restore, and enhance wetlands of coastal states

Compiled from: Wetlands: A Threatened Landscape. Edited by Michael Williams. Basil Blackwell Ltd.
Cambridge, Mass. 1990 AND http://laws.fws.gov/

Section 404 of the Clean Water Act
Section 404 of the Clean Water Act "forbids the unpermitted 'discharge of dredge or fill material' into waters of the United States. Section 404 does not regulate every activity in wetlands, but requires anyone seeking to ‘fill’ a wetland to first obtain a permit from the Corps. For example, if a person wishes to construct a building or other development and wetlands need to be filled to complete the project, Section 404 requires that the person first obtain a permit from the Corps." (Gulf Restoration Network)

Food Security Act (1985)
The Food Security Act, instead of prohibiting filling or dredging, specifies incentives and penalties to protect wetlands. Basically it states that farmers who convert wetland acreage into agricultural cropland are ineligible for agricultural subsidies (price supports, loans, or crop insurance) for crops planted in this converted wetland area.

Going from the early 1900s when the goverment actually encouraged destruction and draining of wetlands to the present, with plenty of environmental laws directed toward the protection of wetlands, there is still heated debate over how to properly enforce their defense and restoration. The intent of all these programs is to protect and conserve wetlands by way of increasing cooperative efforts among private landowners and local, state, and federal governments. The only problem is that none of these Acts depicts a clearly defined national policy. Under the Section 404 program, the Army Corps of Engineers and the Environmental Protection Agency share jurisdictional authority over the dredging and filling of waters of the U.S. However, to determine what constitutes where a wetland begins and ends is usually disputed when applying for a Corp permit. Local author Doug Phillips, in his book Discovering Alabama Wetlands, states

"Thorough scientific description of wetlands is a complex process, involving a hierarchy of systems, subsystems, classes, subclasses, and various further divisions of even finer specificity. Such scientific detail has become increasingly necessary today. Precise delineation of wetland types and boundaries is often required to implement wetland regulations, guide environmental planning and provide clarification in land-use decisions. Thus wetland identification is also frequently a factor in legal disputes when environmental interests and commercial interests collide over proposed development in wetland areas. In fact, wetland identification has itself become a major source of national controversy, as disputing parties disagree over the validity of how wetlands are identified and delineated."

Although there ARE implementations regarding the protection, restoration, and management of wetlands, the main problem with these can be summed up accordingly:

There is no specific national wetland law. Management of wetlands comes about from the application of numerous other laws intended for other purposes.

Wetland delineation procedures are often unclear and arguable.

There are no regulatory programs that comprehensively address wetlands in the state of Alabama.

The Alabama Department of Environmental Management is the primary agency that regulates environmental proceedings in the state. However, its role in wetlands policy is indirect. The Alabama Water Pollution Control Act defines ADEM's jurisdiction for controlling statewide water pollution but does not address any provisions for defining or protecting wetlands. The U.S. Army Corps of Engineers is still the agency to go through.

Wetlands Mitigation
A different strategy to wetlands regulation is a concept known as 'wetlands mitigation.' This is a somewhat technical policy whereby the head of a development project may be required to adhere to some form of 'mitigation' to restore or replace wetland values that will be adversely impacted by the proposed activity. The permit applicant, if obtaining a dredge and fill permit in wetland areas, must avoid, minimize, and compensate for wetland impacts. If adverse impacts still remain after all other practical minimization and avoidance procedures have taken place, then compensatory mitigation is required in the form of restoration of exisiting degraded wetlands or creation of man-made wetlands. Actually, a broad variety of mitigation measures are allowed by the U.S. Army Corps of Engineers. These include:

Increased public access to the area.
Acquisition of other wetlands to provide enhanced protection, or acquisition with a management commitment.
Restoration or creation of wetlands, either as general compensation or as replacement for a specific habitat type.
Indemnification or direct monetary payment for lost wetland values.
Mitigation banking (compensatory off-site wetlands restoration or creation).

Source: Dennison, Mark S. Wetland Mitigation: Mitigation Banking and Other Strategies for Development and Compliance. Government Institutes, Inc.: Maryland, 1997.

How Can I Help?
Government regulations and zoning restrictions are not enough to protect our wetlands. Alabama citizens must become involved and devote time to help make a difference. YOU provide the necessary extra workforce and the voice needed to improve the environment. All that is needed are a few options:

Invest in wetlands by buying duck stamps. Proceeds support wetland acquistion and restoration. The stamps are available     at your local post office or online at the U.S. Fish and Wildlife Service's website.
Rather than draining or filling wetlands, find more compatible uses that would not damage the wetlands, such as     waterfowl and wildlife habitat.
When developing your landscaping plan, keep wetlands in mind. Plant native grasses or forested buffer strips along     wetlands on your property to protect water quality.
Plan to avoid wetlands when developing or improving a site. Get technical assistance from your state environmental     agency before you alter a weltand.
Plan a wetland program or invite a wetland expert to speak at your school, club, youth group, or professional     organization.
Support your local watershed association.
Participate in a volunteer monitoring program.
Build a wetland in your backyard. Learn how by visiting the U.S. Department of Agriculture.

If any of these options are of particular interest, find out WHO to contact.