Tommy, The Regional Supplements to the Corps of Engineers 1987 Manual are divided into regions. Each one can only be used in its specific region. Where I live, there are two regional supplements that cover my state. (I'm sure others have similar issues)
I'm looking for an ESRI shapefile or GDB that shows the regional supplement boundaries. I think they generally follow groupings of the MLRA areas, but I wanted to know if someone already had normalized them into a simple shapefile or GDB.
With no responses yet, I downloaded the MLRA shapefile from NRCS, and I will just make it myself using the maps in the Regional Supplements as a guide. I will try to post a Google Earth .kmz if my efforts pay off.
Posts: 23 | Location: Midwest | Registered: 24 August 2004
Tommy, I have success! I used the MLRA shapefile from NRCS and then selected the various regions using the Corps supplement map as a guide. I then converted them into Google Earth .kmz files and they work great. I can't post the actual .kmz files because they are too big, but here is a screen grab of my efforts. Let me know if you want a copy and I'll see if I can email them to you.
Posts: 23 | Location: Midwest | Registered: 24 August 2004
All, I cannot post the kmz's or shapefiles here due to their large filesizes. However, if you want them, please email me and I will send them to you. I have already had several requests!
This message has been edited. Last edited by: Craig Mielke,
Posts: 23 | Location: Midwest | Registered: 24 August 2004
Dear Craig; Thanks for the information on the Regional Supplements. There are concerns within the regulated community that the Regional Supplements significantly expand the area delineated as wetlands when compared to the original 1987 Manual. The Regional Supplements were not promulgated in accordance with rule-making procedures of the Administrative Procedures Act, and any unauthorized expansion of CWA jurisdiction could be subject to legal challenges. Accordingly, land owners and permit applicants may request that the Corps utilize the original 1987 Manual instead of the Regional Supplement and the Corps will consider such requests on a case-by-case basis.
Originally posted by Craig Mielke: All, I cannot post the kmz's or shapefiles here due to their large filesizes. However, if you want them, please email me and I will send them to you. I had already had several requests!
That looks great, I will email you tonight with my address.
Posts: 58 | Location: Hattiesburg, MS | Registered: 22 February 2008
Originally posted by Johnny Stevens: Dear Craig; Thanks for the information on the Regional Supplements. There are concerns within the regulated community that the Regional Supplements significantly expand the area delineated as wetlands when compared to the original 1987 Manual. The Regional Supplements were not promulgated in accordance with rule-making procedures of the Administrative Procedures Act, and any unauthorized expansion of CWA jurisdiction could be subject to legal challenges. Accordingly, land owners and permit applicants may request that the Corps utilize the original 1987 Manual instead of the Regional Supplement and the Corps will consider such requests on a case-by-case basis.
Johnny, I completely understand your concern regarding the expansion of jurisdictional areas. In my District, the Corps has strongly suggested that we utilize the Regional Supplements, and even one State agency has "required" that when doing delineations for them, we must use the correct supplement. Even though I may disagree with its use, I still have to make sure I'm using the right one when submitting to them. So, with this file, I can much more easily determine which region I am in.
By the way, I've had plenty of crazy enough JD calls using the 1987 manual on its own...even without the supplements!
Posts: 23 | Location: Midwest | Registered: 24 August 2004
"...I completely understand your concern regarding the expansion of jurisdictional areas..."
I believe that most competent wetland practitioners recognize that the regional supplements and other guidance documents tend to expand the boundaries of regulatory jurisdiction beyond what has been legally authorized under applicable statutes, regulations, and case law.
I want my fellow landowners to know that there are plenty of direct and creative legal options which landowners may utilize to protect their property against unauthorized regulatory expansion.
It begins with finding the right experts. Too many wetland practitioners lack sufficient legal training and prefer to cooperate and compromise with unauthorized regulatory expansion, often at the expense of their unsuspecting clients.
When seeking the services of an expert, inquire about their knowledge and opinion of the US Supreme Court's Rapanos and SWANCC decisions, regulatory exemptions, relevant case law, maintenance, notification, etc. If landowners hire practioners who are knowledgable and conversant on these topics then they may be able to protect their property and avoid or minimize the consequences of unauthorized regulatory expansion. I hope this helps.
