Wetlands
The Issue · Position · Status · Talking Points · Resources
The Issue
Wetlands are an important part of our environment and our ecosystem and their declining acreage is a legitimate national concern. However, the way the federal government regulates the use of these wetlands is too bureaucratic, resulting in unnecessary increased costs and delays in real estate development.
Position
NAIOP would like to see a balanced approach to the federal wetlands permitting program (Section 404), one that provides simplification and efficiency toward the permitting process while protecting sensitive environmental areas. We strongly support the concept of mitigation banking, which offsets destroyed or degraded wetlands in one area with newly created, enhanced or restored wetlands elsewhere, thereby balancing the needs of developers and the environment. NAIOP opposes attempts to increase the authority of the federal government to regulate wetlands and believes that states have an inherit right to protect and regulate state waters without the federal government imposing additional regulations that often do little to actually protect waterways.
Status
The Army Corp of Engineers and U.S. Environmental Protection Agency published a new proposed guidance on May 2, 2011, to increase the number of waters that are protected under the Clean Water Act. The guidance is in response to two Supreme Court Cases (SWANCC vs. U.S. Army Corps of Engineers and Rapanos vs. United States). NAIOP submitted comments on the proposed guidance as part of a coalition of affected parties.
Talking Points
- Current permitting process is onerous and too bureaucratic (give personal examples).
- Support targeted changes in the Section 404 program in order to expedite routine permitting, increase flexibility in the program and to provide greater predictability in all cases.
- Attempts to change the definition under the Clean Water Act from "navigable" to "waters of the United States" would require a federal permit for any activity for literally every wet area across the country.
- The U.S. Corps of Engineers and EPA should undertake a rulemaking to allow for full participation before new regulations or guidance are enacted.
- Guidance, as apposed to a rulemaking, can be changed at any time and does not provide certainty to the development community.
Resources
Contact:
John Bryant
Senior Director for Federal Affairs
(703) 904-7100 ext. 162
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