Many on this forum have complained that the corps has been extending their jurisdiction further and further up stream, even into uplands. I didn’t really see it until now. The Corp’s new Programmatic General Permit for Vermont says that we should follow a conservation document regarding Vernal Pools. Basically, no disturbance in or within 100’ of a Vernal Pool, and within 750’, only 25% of the area can be impacted, including tree cutting. So, for a 0.2 acre pool (about 100’ diameter pool with salamanders), the corps has just claimed jurisdiction over 40+ acres of land.

Additionally, when talking to an author of the permit about “secondary impacts” of fill, he basically said that the corps can claim jurisdiction over anything else in your project. The Corps simply adjusts the boundary of the Permitted Area to include anything else in the development that might impact a wetland or water.

Does anyone know of any pending court decisions on this type of land grab by the Corps and EPA?

Andrew,
You are stuck in a 20th century issue. We have already moved beyond this issue in the 21st. century. Wetlands, uplands, your lands, my lands, our lands, they all have land in common. I want to know about your carbon mitigation measures. The review of cumulative impacts resulting from your project must have addressed the impacts to all buffer areas surrounding your vernal pool. And the air above your vernal pool is obviously a vertical buffer. The next time you see a public notice from the Corps for a project regulated by the Clean Water Act, read it carefully and you will see requirements related to the Clean Air Act. Have you submitted your carbon mitigation bank to the Corps for approval? And always remember to bill your clients on an hourly basis. There is no better full employment plan than government process.

Andrew said:

"...Many on this forum have complained that the corps has been extending their jurisdiction further and further up stream, even into uplands. I didn’t really see it until now..."

When I first dealt with wetlands in the 1980's, the Corps was implementing its policy of discouraging any construction activity in both wetlands and uplands until after the wetlands permit was issued. This is how the Corps began its regulation of uplands.

Over the years, the Corps expanded its indirect regulation of uplands with the Tulloch rule which regulated mechanized land clearing, excavation, and drainage.

Internal procedures such as the "single-and-complete project" policy stiplated review (and approval) of a "total project" prior to issuance of any wetlands permit, no matter how minor.

As Mr. Bonner points out, the wetlands permit triggers other federal regulatory requirements which not only result in land-use regulation, but may also dictate project design and impose other federal mandates.

Significant nexus and the regional delineation manuals are the most recent uplands regulation techniques.

This message has been edited. Last edited by: Johnny Stevens,

Johnny,
The Vernal Pool guidance is a setback from the wetlands. This setback is not based on protecting the wetland from direct impacts, but rather on protecting upland habitat. That seems to be another fundamental change in wetland regulation.