Wetlands Facts

The Georgia Conservancy relies on its members to be environmental advocates at the local level. The following information will help you understand federal regulations regarding the protection of wetland in your community.

Once regarded as nuisances and wastelands, wetlands - both freshwater and coastal - are critical links in the chain of life. They provide abundant food and serve as havens for wildlife. They soak up floodwaters, reduce sediment runoff and absorb chemicals that harm waterways.

In rapidly growing areas, developers often want to drain or fill in wetlands to create developable property. Unlike other states, Georgia has no law protecting wetlands, other than along the coast. Freshwater wetland protection rests with the U.S. Army Corps of Engineers. Section 404 of the Clean Water Act, which gives the Corps authority to protect navigation channels, regulates the discharge of dredged or fill material in waters or wetlands.

Until recently, Section 404 applied to all wetlands. In January, 2001, however, the Supreme Court ruled that the Corps has jurisdiction over only those wetlands that are adjacent to navigable waterways. This ruling, known as the Swank decision, places Georgia wetlands at increased risk.

Disturbing wetlands through drainage or discharge of fill is prohibited unless there is "no practicable alternative." Practicable alternatives can consider cost, existing technology and logistics and can include the acquisition of other suitable property. This provision is outlined in Title 40, Part 230, Section 404(b)(1) Subpart B.

The Corps has considerable discretion in interpreting this provision. Applicants often suggest that securing another site would be too costly. If the developer argues there is an unavoidable loss of wetland, he may propose "mitigation," or recreating more wetlands elsewhere as compensation.

The Corps solicits public comments on individual project applications to drain or fill wetlands. Lacking public objection, the Corps may conclude the proposal has community support, so it is important that conservation-minded citizens express their views.

To help monitor Section 404 project applications in your area, mail a request to be added to the "joint public notice mailing list" to the Department of the Army, Savannah District Corps of Engineers, attn: Regulatory Branch, P.O. Box 889, Savannah, GA 31401. Every application explains how to comment.
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When you write in regard to an application, address the following points in your 404 permit review letter:

• Avoidance: Has the applicant thoroughly considered every "practicable alternative" to avoid destroying wetlands?
• Minimization: Is the project designed so that it will impact the smallest possible area of wetlands?
• Mitigation: Has the applicant proposed mitigation measures to make up for or replace lost wetlands?

Many individual applications receive no public comment, so this is an excellent way to make a difference.

Unfortunately, many projects that impact wetlands are permitted under broad "nationwide" and "regional" permits rather than by individual permits. There is no good avenue for comment for those two categories.

In addition to protecting wetlands from legalized destruction, citizens have another important stewardship role. Unscrupulous individuals often dump chemicals, construction waste or other debris in wetland areas because they are isolated. Be alert to this illegal dumping. Report the depositing of any materials into wetlands to local police and county officials. For information about whom to contact or how to proceed, contact The Georgia Conservancy staff in Atlanta or Savannah.

Finally, consider allying with friends to join or form a wetlands or watershed alliance to monitor activity, comment on development proposals, conduct cleanup days and raise your community's awareness about protecting wetland resources.

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