ABSTRACT

Army Corps of Engineers' Nationwide Permits Program: Issues and Regulatory Developments [April 5, 2012]   [open pdf - 318KB]

From the Document: "Permits issued by the U.S. Army Corps of Engineers authorize various types of development projects in wetlands and other waters of the United States. The Corps' regulatory process involves two types of permits: general permits for actions by private landowners that are similar in nature and will likely have a minor effect on wetlands, and individual permits for more significant actions. The Corps uses general permits to minimize the burden of its regulatory program: they authorize landowners to proceed with a project without the time-consuming need to obtain standard individual permits in advance. About 90% of the Corps' regulatory workload is processed in the form of general permits. […] In addition to general objections, interest groups have a number of specific criticisms of the permits, such as requirements that there must be compensatory mitigation for impacts of some authorized activities, impacts of regional conditioning through which local aquatic considerations are addressed, and the need to define 'minimal adverse effects' for purposes of implementing the nationwide permit program. Coordinating implementation of the nationwide permits between federal and state governments also raises a number of issues. Of particular concern to states is tension over whether their authority to certify the nationwide permits is sufficient to assure that water quality standards or coastal zone management plans will not be violated."

Report Number:
CRS Report for Congress, 97-233
Author:
Publisher:
Date:
2012-04-05
Copyright:
Public Domain
Retrieved From:
National Agricultural Law Center: http://www.nationalaglawcenter.org/
Format:
pdf
Media Type:
application/pdf
URL:
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