Natural Resources Conservation Laws
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Chapter 7: Wetlands Conservation Laws
State wetlands conservation laws
f the 17 states surveyed, 10 have laws specifically treating the conservation of
wetlands. These State legislatures enacted the wetlands conservation laws
with the primary state policy of preserving and protecting the wetlands and
preventing their despoliation and destruction. To effectuate this policy, these state
laws offer certain mechanisms to protect wetlands. Delaware, Maryland, and
Mississippi protect their wetlands through a permit system. The laws require that
before engaging in any activity involving wetlands, each person must obtain a
permit from their authoritative agencies. States allow some exemptions from the
permit requirement.
Georgia authorizes its Department of Natural Resources to develop minimum
standards and procedures to protect wetlands. The minimum standards and
procedures must include, but are not limited to, land use activities, land development
densities, and activities that involve alteration of wetlands. However, the department
can adopt different minimum standards and procedures for wetlands protection
based on the size or type of wetlands, the need to protect endangered or protected
species or other unusual resources, and the need for particular land use activities that
will affect a wetland.
Wisconsin requires its Department of Natural Resources to prepare maps
identifying individual wetlands that have an area of 5 acres or more. Moreover,
each city must zone by ordinance all unfilled wetlands of 5 acres or more that are
shown on the final wetland inventory maps prepared by the department.
Iowa requires its Department of Natural Resources to develop and implement a
program for the acquisition of wetlands and conservation easements on and around
wetlands that result from the closure or change in use of agricultural drainage
wells. It must inventory the wetland and marshes of each county and make a
preliminary designation as to which constitute protected wetlands. In