For a current update of state wetland legislation, go to the Association of State Wetland Managers website.

The links below track wetland legislation across the states. Please note that SERC does not endorse every aspect of each statute. We caution legislators to avoid including mitigation language in any bill, as recent studies show only a third of wetland mitigation projects actually meet performance standards. For more information click here.

Connecticut
HB 5949 (2001) reasserts state authority to regulate tributaries and other inland wetlands in response to the recent decision of the United States Supreme Court in SWANCC. The bill amends title 22a of the general statutes to include new regulations “for the protection, preservation, maintenance and use of the inland wetlands and watercourses by minimizing their disturbance and pollution.”

Florida
Ch. 373 of Florida Statutes mandates the state agency to implement the State’s surface water regulatory program, which covers virtually any movement of soil surface or construction anywhere in the peninsula of Florida, from coast-to-coast, including uplands and wetlands. Pursuant to the environmental provisions of s. 373.414, the State has jurisdiction over those areas that are delineated as wetlands, including all isolated wetlands, under the State methodology. However, within Northwest Florida, the State’s wetland jurisdiction is limited to “connected” wetlands and does not extend to isolated wetlands except when an area delineated as an isolated wetland is part of a constructed stormwater system, in which case the State has limited jurisdiction under the provisions of ch. 62-25, F.A.C., to address stormwater quality only.

Illinois
HB 6013 (2001), the Wetlands Protection Act, safeguards the state’s wetlands by placing regulating responsibility with the Department of Natural Resources (DNR) while also enlisting the assistance of local units of government, the federal government, and private citizens. Any proposed exemptions to the law must be submitted to the DNR and are subject to a $1000 per acre permit fee if accepted.

Maine
The Natural Resources Protection Act is the State’s vehicle for wetland protection. The Act requires a permit for certain activities including dredging, draining, and filling of wetlands.

Maryland
The Wetlands and Waterways Program seeks to identify and resolve gaps in current wetlands management for statewide conservation and preservation of wetland ecosystems and their functions through consistent federal, State, public, and private participation, while recognizing competing resource needs.

Massachusetts
The Wetlands Protection Act protects wetlands and the public interests they serve. The law prevents any person from removing, filling, dredging, or altering any land bordering waters, including freshwater wetland and coastal wetland, without filing written notice of his intention to so remove, fill, dredge, or alter. The Inland Wetlands Restriction Act also places permanent restriction orders on selected wetlands in over 50 communities. For more information on Massachusetts wetlands regulations, click here.

SB 1226 (2003), the Wetlands Stewardship Act, allows advances in science to bring enhanced values and functions for wetlands, and creates a mechanism under which Massachusetts can take over the implementation of federal wetland permit programs which the Federal Government allows. To see the reasons behind the Massachusetts Wetlands Stewardship Act, click here.

Michigan
Michigan’s wetland statute, Part 303 of the Natural Resources and Environmental Protection Act, requires that persons planning to conduct certain activities in regulated wetlands apply for and receive a permit from the state before beginning the activity. Part 303 authorizes the Department of Environmental Quality (DEQ) to regulate non-contiguous wetlands if they meet certain requirements relating to their size and location, or DEQ’s determination.

Minnesota
The Wetland Conservation Act, one of the most sweeping wetlands protection laws in the country at that time, was signed into law by Governor Arne Carlson in 1991. The Act requires anyone proposing to drain, fill, or excavate a wetland first to try to avoid disturbing the wetland; second, to try to minimize any impact on the wetland; and, finally, to replace any lost wetland acres, functions, and values.

New Hampshire
RSA 482-A requires permits from the state agency for any dredging, excavation, filling, or construction of structures in wetlands or areas adjacent to designated prime wetlands. Permitting and enforcement is centralized at the State level and almost all federal permitting is through the New Hampshire State Programmatic Permit.

New Jersey
The Freshwater Wetlands Protection Act protects transition areas or “buffers” around freshwater wetlands. For an update of proposed changes to the existing regulations click here.

New York
The Freshwater Wetlands Act passed in 1975 in response to uncontrolled losses of wetlands and related problems such as increased flooding. The Act, Article 24 of the Environmental Conservation Law, prevents the despoliation and destruction of freshwater wetlands, and regulates the use and development of such wetlands to secure the natural benefits of freshwater wetlands. To see the General Provisions and Public Policy of the Act, click here.

Ohio
HB 231 (2001) was signed into law by Governor Bob Taft in July 2001. The law requires permits for and mitigation of impacts to isolated wetlands. Mitigation refers to restoration, creation, enhancement and, in some cases, preservation of other wetlands as compensation for impacts to natural wetlands.

Oregon
Oregon’s Wetlands Program maintains and updates a statewide wetland inventory, works cooperatively with local governments to conduct and review local wetland inventories and wetland conservation plans, responds to land use notices from local planning departments, reviews wetland delineations conducted by private consultants, and develops public information and training materials related to wetlands.

Pennsylvania
The Pennsylvania Growing Greener Program provided $102.3 million in watershed restoration grants, attracting another $139.5 million in local partner funding over the last three funding cycles prior to January 2002. This funding resulted in over 188 miles of stream buffers planted and 4,200 acres of wetlands restored. It also helped more than 100 new watershed groups form and supported 153 watershed assessments that will lead to further work.

Rhode Island
The Freshwater Wetlands Act preserves and regulates the use of swamps, marshlands, and other fresh water wetlands. The Act also authorizes the Director of the Department of Environmental Management to adopt, modify, or repeal rules and regulations relating to freshwater wetlands.

Vermont
The Vermont Wetland Rules have been adopted by the Vermont Water Resources Board under 10 V.S.A. § 905(7). Section 6.3 of the Wetland Rules states that all uses which are not allowed uses are conditional uses. Conditional uses are only allowed in significant wetlands or in adjacent buffer zones upon receiving a Conditional Use Determination (CUD). CUDs are issued by the Secretary of the Agency of Natural Resources only when it is determined that the proposed conditional use will not have undue adverse effects on the functions of a significant wetland.

Virginia
The Tidal Wetlands Act of 1972 authorized the Virginia Marine Resources Commission to issue tidal wetlands permits under Chapters 12 and 13 of Title 28.2 of the Code of Virginia. Under the Act, the Department of Environmental Quality (DEQ) provides the federal Water Quality Certification through issuing a Virginia Water Protection permit. In 2000, the General Assembly enabled DEQ to use the Virginia Water Protection Permit Program to regulate certain types of activities in isolated wetlands, which may not be under Federal jurisdiction.

Wisconsin
In May of 2001, Wisconsin passed SB 1A, entitled 2001 Wisconsin Act 6, which authorizes the Wisconsin Department of Natural Resources to regulate the development of isolated wetlands. SB 1A relates to water quality certification for nonfederal wetlands, provides for time limits and procedures for processing applications for water quality certifications that are applicable to wetlands, grants rule making authority, and provides a penalty. For more information about Wisconsin wetlands, click here.