Environmental Regulations by State: A Guide for Land Developers

Alabama Environmental Regulations

Alabama Waters of the State Definition

The Code of Alabama defines waters of the State of Alabama as the natural or artificial water of any river, stream, lake watercourse, coastal, pond, groundwater, or surface water, wholly or partially within the state’s boundaries. Unless used for interstate commerce, this doesn’t encompass water that is entirely confined and retained on the property of a single individual, partnership, or corporation. "Waters" encompass navigable waters within the State of Alabama.

The Alabama Department of Environmental Management (ADEM) regulates impacts on wetlands and streams in Alabama under Section 401 of the Clean Water Act (CWA). The state water quality requirements, in many cases, can be more stringent than the federal requirements. Federal permit applications for impacts to wetlands and waters most often reviewed by ADEM are issued under Section 404 of the CWA; however, these permits cannot be issued without water quality certification (Section 404) or a waiver of certification from ADEM. Typically, water quality certifications issued by ADEM impose special conditions.

Alabama Threatened and Endangered Species Protection

Alabama does not have a state law equivalent to the federal endangered species act, so species do not have regulatory protection as state endangered or threatened species. However, some species receive regulatory protection through the Alabama Regulations on Game Fish and Fur-Bearing Animals. These are the primary regulations affording state protection for some species in Alabama and are administered by the Alabama Department of Conservation and Natural Resources. Copies of these regulations may be obtained from the Division of Wildlife & Freshwater Fisheries, Alabama Department of Conservation & Natural Resources.

Alabama Water Pollution Control Act

This act is the state ruling for discharging material and waste into Alabama waters. The act supports United States water quality regulations, such as the Clean Water Act. This rule establishes definitions for various waters, potential discharge materials, and protection departments.

Alabama Environmental Management Act

Passed in 1982, this act created the Alabama Department of Environmental Management (ADEM) and the Alabama Environmental Management Commission. The ADEM administers federal laws to ensure a safe environment. As an “authorized” state by the EPA, the state can write regulations under specific federal laws, as established by the Environmental Management Act. The ADEM writes and administers these regulations. The Alabama Environmental Commission created by the act is comprised of seven members who develop an environmental policy, hear permit appeals, adopt environmental regulations, and choose an ADEM director.

Non-game Mammals Protected by Alabama Regulations

This program protects threatened and endangered species. It supports federal rulings regarding these species, performs research on species populations, and administers environmental permits, such as Scientific Collecting Permits and Restricted Species Possession Permits. This program completes surveys and additional research that protects and regulates these species.

Alaska Environmental Regulations

Alaska Wetlands and Streams protection

The federal Clean Water Act (CWA) grants states and tribal governments the authority to review, approve, condition, or deny proposed projects, actions, and activities directly affecting waters of the United States under Section 401. Therefore, federal agencies cannot issue a license or permit to impact wetlands or streams before the Alaska Department of Environmental Conservation (ADEC) determines water quality, certification requests, or waives the right to review. The certifying agency sets any conditions to become the federal permit or license conditions.    

Alaska’s Wastewater Disposal Regulations

This rule regulates the discharge of wastewater into WOTUS. Under this rule, a permit under 18 AAC 83 or 18 AAC 72.215 may be required by the state environmental department when a person discharges domestic wastewater onto land or into surface water or groundwater. Additionally, the environmental department must approve the plan if the project requires an 18 ACC 72.200 permit. Before constructing the domestic wastewater treatment and disposal system, approval or permit is required. Permits vary depending on the specifications of the project in question. Before permit review, the developer can hold a pre-application conference with the department to address concerns with the environmental department. Decisions made during this conference are recorded.                                 

Alaska Admin Code: Alaska Clean Water Fund

This is a loan fund program by the Alaska Department of Environmental Conservation (ADEC). The fund is available for financing wastewater, water, and water quality projects by qualified groups. This fund can be found in the code of Alabama and was created to encourage water improvement projects.                                    

Endangered, Threatened, and Candidate Species in Alaska

The State of Alaska Department of Fish and Game (ADF&G) is responsible for determining and maintaining a list of endangered species in Alaska. A species or subspecies of fish or wildlife is considered endangered when the Commissioner of ADF&G determines that its numbers have decreased to such an extent as to indicate that its continued existence is threatened.

Arizona Environmental Regulations

Arizona Wetlands and Streams Management

The Arizona Department of Environmental Quality (ADEQ) issues a State Water Quality Certification (401 WQC) for an activity or project requiring a federal permit or license that may result in a discharge to waters of the U.S. (including wetlands and streams). States are given the authority to issue WQCs through Section 401 of the Clean Water Act (CWA). Under Section 401, a federal agency cannot issue a permit or license until/unless the state has certified, conditionally certified, waived, or denied the 401 WQC. Issuing a WQC ensures that the project will not violate surface water quality standards. The WQC becomes a part of the federal permit or license and is valid for the same period as the permit or license, often issued for five-year terms.                   

Arizona Protected Species

In Arizona, not all wildlife is allowed to be hunted or collected. It is unlawful to possess, kill, harass, hunt, or handle wildlife protected by state or federal law without proper permits. Federal laws like the ESA are overseen by the U.S. Fish and Wildlife Service in collaboration with the Arizona Game and Fish Department.

Lower Colorado River Multi-Species Conservation Program Act

This program is a federal and interstate conservation program between Arizona, California, and Nevada. This program protects the habitats and species of the lower region of the Colorado River- an area jointly shared between these states. These efforts encompass around 400 miles of river and protect 27 threatened, endangered, and sensitive species. Under the Endangered Species Act (ESA), this program allows incidental take authorization within these states. This action enables power and water agencies to continue working with these specific permissions.

Arkansas Environmental Regulations

Arkansas Protected Wetlands and Streams

The State of Arkansas Clean Water Act (CWA) Section 401 certification program provides State protection of wetlands and streams. Application for a Corps of Engineers permit to impact wetlands, or jurisdictional streams triggers a joint-authorization process with the State. Applying with USACE starts both the 404 permit and the 401 Certification processes.

Arkansas Regulation 2.305 Short Term Activity Authorization

Short Term Activity Authorization allows for in-stream work that may cause a water quality violation in the waters of Arkansas. This authorization is required in addition to any state or federal permitting requirements, like Clean Water Act 401, 402, and 404. Activities that require a Short-Term Activity Authorization may include gravel removal, bridge or crossing repair, bank stabilization, and culvert replacement.      

Arkansas Endangered, Threatened, and Non-game Species Preservation

This rule within the Code of Arkansas establishes state interest to preserve the species of the state. The rule allows the state to regulate species in addition to the protection provided via the federal Endangered Species Act, including conservation habitats for threatened, endangered, and special interest species. This rule also outlines the              

Arkansas River Basin Compact

This compact is an interstate agreement between Arkansas and Oklahoma with congressional consent. This rule establishes the agreement to share cleanup, maintenance, and development of the Arkansas River Basin. The compact regulates water pollution in the river basin and requires the water agencies within the two states to work together on water resources and pollution regulation. This shared resource impacts state regulation and water control efforts and is the responsibility of both state governments.

California Environmental Regulations

California Streams

The regulation for nonperennial streams falls under the jurisdiction of the California Water Boards. The importance of temporary (ephemeral and intermittent) streams has led to their protection in California. The current California Water Code and interpretation of Waters of the United States as defined in the Clean Water Act protects all California streams.      

California Wetlands Definition and Regulation

California wetlands are defined as "An area is wetland if, under normal circumstances, (1) the area has continuous or recurrent saturation of the upper substrate caused by groundwater, or shallow surface water, or both; (2) the duration of such saturation is sufficient to cause anaerobic conditions in the upper substrate; and (3) the vegetation is dominated by hydrophytes or the area lacks vegetation."

California relies primarily on the Clean Water Act, Section CWA 401, and the Porter-Cologne Water Quality Control Act to regulate wetlands statewide but also has adopted laws and regulations directed at regional and coastal wetlands protection: the California Coastal Act, the McAteer-Petris Act, Wetlands Protection Act, and the Suisan Marsh Protection Act. Agencies responsible for implementing wetland-related state laws and regulations include the State Water Resources Control Board, Division of Water Quality (SWRCB), and nine Regional Water Quality Control Boards (RWQCBs).    

To learn more about California Waters, visit our California Waters reference page.

California Environmental Quality Act

This act is considered the most critical environmental regulation in California. The rule requires state and local agencies to evaluate and disclose if a proposed project has a potential environmental impact and adopt all mitigation efforts possible. The two main goals of this law are to inform decision-makers about a project’s potential environmental impacts and let the public comment on these potential impacts. Lead agencies and local governments with permitting approval and analyze the environmental impact. This information is presented to the appropriate body to see if the project is denied or completed with the necessary mitigation efforts. Should the project continue, the project must go through the permitting process required for the environmental risks on the site.

California Threatened and Endangered Species

The California Endangered Species Act is a California environmental law that conserves and protects plant and animal species at risk of extinction. Initially enacted in 1970, CESA was repealed and replaced by an updated version in 1984 and amended in 1997. Plant and animal species may be designated threatened or endangered under CESA after a formal listing process by the California Fish, and Game Commission (CFGC).

Approximately 250 species are currently listed under CESA. A CESA-listed species, or any part or product of the plant or animal, may not be imported into the state, exported out of the state, “taken” (i.e., killed), possessed, purchased, or sold without proper authorization by the CFGC.

Lower Colorado River Multi-Species Conservation Program Act

This program is a federal and interstate conservation program between Arizona, California, and Nevada. This program protects the habitats and species of the lower region of the Colorado River- an area jointly shared between these states. These efforts encompass around 400 miles of river and protect 27 threatened, endangered, and sensitive species. Under the Endangered Species Act (ESA), this program allows incidental take authorization within these states. This action provides power and water agencies to continue working with these specific permissions.

Colorado Environmental Regulations

Colorado Water Quality Control Commission Regulations

These regulations outline the state’s protections for surface water, groundwater, reservoirs, and tributaries connected to more extensive, downstream waters of importance. Water quality standards are outlined in these rules. Protections provided with this set of regulations include but are not limited to: State surface water quality standards, the Arkansas River Basin, Groundwater Quality Standards, and discharge systems.                

Colorado Non-game and Endangered Species Conservation Act

This act establishes state interest and authority to regulate endangered, threatened, and sensitive species within the state. This act supports and expands upon the federal Endangered Species Act for the state’s biodiversity interest. The act allows the “management,” collection for scientific interest, of these species to regulate and monitor these species populations. The rule allows the adjustment of species regulations following investigation and consultation with other agencies, such as state and local water boards.

Connecticut Environmental Regulations

Connecticut Wetlands and Streams Protection

The 401 Water Quality Certification Program, administered by the Land and Water Resources Division and the Office of Planning and Program Development of the Connecticut Department of Energy and Environmental Protection (DEEP), regulates any applicant for a federal license or permit who seeks to conduct an activity that may result in any discharge into the navigable waters, including all wetlands, watercourses, and natural and artificial ponds. Such persons must obtain certification from DEEP that the discharge is consistent with the federal Clean Water Act and the Connecticut Water Quality Standards. Any conditions contained in a water quality certification become conditions of the federal permit or license. In deciding on a request for 401 Water Quality Certification, DEEP must consider the effects of proposed discharges on ground and surface water quality and existing and designated uses of waters of the state.

The Connecticut Environmental Protection Act (CEPA)

This act requires the State to consider a proposed project's environmental impacts that involve full or partial state involvement. This act supports the National Environmental protection Act (NEPA). An Environmental Impact Evaluation (EIE) is complete with outlining potential environmental impacts. These impacts are reviewed by governing state bodies and open for public comment. This review establishes mitigation efforts to be taken and explains why the State saw some environmental mitigation efforts as impossible to obtain for the project in question.

Connecticut Water Discharge Permit Regulations

Regulations for discharging wastewater into Connecticut state waters require proper permitting. Discharge permits are required by regulations at the state and federal levels. These permits can be based on discharge from agricultural activities, domestic sewage, subsurface sewage treatment and disposal, commercial activities, etc.     

Connecticut Threatened and Endangered Species

The Connecticut Endangered Species Act was passed in 1989. The State of Connecticut maintains the protection of State-listed species and collaborates with the US Fish and Wildlife to implement a program for protection.   Coordination with the Connecticut DEEP is required to determine if land development could affect protected species or their habitat.

Connecticut River Valley Flood Control Compact

This compact is an interstate agreement between Connecticut, New Hampshire, Vermont, and Massachusetts. This agreement protects the Connecticut river basin and its tributaries by regulating flood control and water resource management actions. This rule also establishes a fund to reimburse local agencies impacted by floods via hosting flood control facilities. This fund is structured to reimburse affected states via payment of upstream or downstream beneficiaries of the impacted state’s flood control efforts. By doing so, the maintenance efforts and costs are not held by one state. This interstate agreement affects individual state water use and quality standard regulations. The quality and quantity of water impacts water storage and usage for each state within the basin.

Delaware Environmental Regulations

Delaware Surface Water Quality Standards

The Delaware Department of Natural Resources and Environmental Control (DNREC) is responsible for a broad state wetland program, utilizing CWA 401 water quality certification in coordination with state regulation of subaqueous lands, tidal wetlands, and authorities under the Coastal Zone Management program. The Corps of Engineers reviews all dredge and fill permit applications (wetlands and streams), while the state typically comments on projects that require other state authorization for consistency.

This State waters program establishes state authority to regulate surface water quality and assign jurisdictional boundaries for these waters. The regulation supports the federal Water Quality standards enforced by the Environmental protection Agency (EPA). The Delaware Surface Water Quality Standards establish definitions for terms including and relating to surface waters.    

Florida Environmental Regulations

Florida Protected Species

Florida’s imperiled species are fish and wildlife species listed as federally endangered, federally threatened, state threatened, or Species of Special Concern. Florida's federal and state-listed species are currently listed in Florida's Endangered and Threatened Species List. While the U.S. Fish and Wildlife Service (USFWS) has primary responsibility for Florida species that are federally endangered or threatened, the Florida Fish and Wildlife Conservation Commission (FWC) works in partnership with USFWS to help conserve these species    

Florida Areas of Critical State Concern (ACSC) Program

The 1972 Florida Environmental Land and Water Management Act was created for the statewide resources of significance. This department reviews projects and amendments to regulations that can impact these conservation efforts. Examples of these areas of concern that require additional regulatory attention include the Florida Keys, Apalachicola Bay Area, and the Big Cypress areas. These areas are home to valuable natural resources, such as the Everglades and the Big Cypress National Park. These regions are home to several threatened and endangered species and contain beneficial protected waters.

Florida Environmental Resource Permit (ERP)

The Florida Environmental Resources Permit (ERP) Program is the standard for wetlands protection. This state regulation requires an ERP for developers and those required by the federal government. When compared at the state level to the other Gulf Coast States, it is considered one of the most combative programs. The focus of this program is to ensure that negative impacts on water resources do not occur. These protections regulate water quantity and quality and the ways wetland and surface water habitats serve fish and other wildlife.

This permit is regulated by the Florida Department of Environmental Protection (FLDEP) and five regional divisions, Water Management Districts (WMDs), which work jointly with the state. The United States Corps of Engineers, who independently process the permit, must approve some of these permits. The Corps cannot issue a 404 permit without a state permit.

Florida Wetland Definition and Delineation

Florida defines wetlands as regions inundated or saturated by surface water or groundwater at a frequency and a period able to support, and under ordinary circumstances, support a prevalence of vegetation adapted for life in saturated soils. There is still debate over the state definition of "wetland" and "delineation." Rule 62-340 of the Florida Administrative Code provides a specific methodology for identifying Florida wetlands.

Florida wetlands may fall under the jurisdiction of the FLDEP, a Water Management District, or the US Army Corps of Engineers.

Georgia Environmental Regulations

Georgia Protected Species

Under state law (OCGA 391–4–10.01), the Georgia Department of Natural Resources (GADNR), Wildlife Resources Division (WRD) is authorized by the Wildflower Preservation Act and the Endangered Wildlife Act to protect species indigenous to Georgia and deemed rare, unusual, or in danger of extinction. Activities on public land intended to harass, capture, kill, directly cause death, or destroy habitat for state-designated protected species are prohibited and can be prosecuted as a misdemeanor.

Georgia Brownfield Act

Created by the Georgia Environmental Protection Division, the Georgia Brownfield Act incentivized commercial cleanup of sites. This act establishes state and public interest in cleaning sites where hazardous waste, materials, and constituents once resided. The rule provides the General Assembly with the power to repeal or change actions that impact these efforts. Additionally, the assembly can propose state or regional actions to aid these recovery efforts. Further, powers for the assembly, such as assessing a party’s liability to clean up a site, are provided within the act. This rule also establishes criteria by which this liability can be limited with proper approval. As regulations shift, state and local requirements and permits change with them.

Georgia Hazardous Site Response Act

This act requires developers to notify the Georgia Environmental Protection Division (GEPD) if hazardous waste is released in soil or groundwater within 30 days of discovery. The site will remain on the Hazardous Site Inventory (HSI) for investigation until a compliance status report (CSR) is submitted. This document identifies all responsible parties and outlines the impacted area. When it is shown that a site does not comply with environmental laws, developers must submit a corrective action plan (CAP) detailing cleanup technologies.

Georgia Water Quality Act

This act supports the federal Clean Water Act (CWA) to manage site selection, wastewater discharge, and requirements for wetlands mitigation. This act is in the Official Code of Georgia, where it outlines permit requirements, penalties, and standards for waters in the state. These regulations include specifications stating that water must be free from debris and materials and maintain its water level. Developers are subject to a General Permit and other provisions of the CWA. This permit is implemented by the Environmental Protection Department (EPD) or the Environmental Protection Agency (EPA). However, Local Issuing Authorities (LIAs) can become qualified to issue permits.

Hawaii Environmental Regulations

Hawaii State Water Code

This rule was enacted in 1987 to protect Hawaii state water resources. The Water Code is found in the Hawaii Revised Statutes and outlines standards such as groundwater use and management, protection for instream usage of waters, and the regulation and regulatory bodies for water resources. It establishes the Commission on Water Resource Management as an authority for implementing these water rules.

Hawaii Chapter 195D: Conservation of Aquatic Life, Wildlife, and Land Plants

This ruling works jointly with the Endangered Species Act to protect threatened, endangered, and sensitive species within the state. This rule explains necessary definitions for the subject, specific regulations and penalties for actions, and jurisdictional boundaries. The rule states that violators of this ruling are subject to federal and state criminal and civil penalties. Penalties for violators of this rule can be

fines ranging from $250-$5,000 and a misdemeanor charge or additional criminal charges from the state.

Idaho Environmental Regulations

Idaho Water Quality Standards

Idaho water quality standards are established within the state’s administrative code and monitored by the Water Quality Divisions of the Idaho Department of Environmental Quality (DEQ). These standards ensure the safety of drinking, surface, and groundwater in the state. These standards meet the Clean Water Act requirements and additional needs of the state. Permitting applies to projects at the state and federal levels. These water quality standards apply to all state waters.    

The Idaho Ground Water Quality Protection Act of 1989

This act filled in the gaps for groundwater protection provided at the federal level. Idaho Groundwater is a vital resource supporting agriculture, drinking water systems, and industrial uses. This act created the Groundwater Water Quality Council to manage, monitor, and create a protection plan for groundwater regulations in the state. This act works with the Groundwater protection Rule, the Idaho State Water Plan, and additional state environmental legislation to regulate these waters thoroughly. Minimum standards and criteria are set for maintaining groundwater. Protections and penalties apply to projects interacting with and potentially causing harm to these waters.

Idaho Rules and Standards for Hazardous Waste

This rule applies at the commercial site and business level when transporting, disposing of, or generating hazardous waste or used oil. This regulation reinforces the state’s ability to regulate hazardous waste materials instead of the federal government via the Idaho Hazardous Waste Management Act. This rule outlines federal definitions and regulations for hazardous materials and waste and adds state stands for the subject. Parties can be held liable and face penalties when violating this act.

Bear River Compact

This compact between Idaho, Utah, and Wyoming became effective in 1958, allowing the states to manage and apportion the waters of the Bear River. The primary purposes of this compact include:

• Removing any controversy over the distribution and use of the waters of the Bear River.

• Providing efficient use of the water for multiple purposes.

• Permitting additional development of the water resources of the Bear River.

• Promoting interstate comity.

Illinois Environmental Regulations

Illinois Endangered Species Protection Act

This act supports federal laws to protect endangered and threatened species. The act outlines the definitions for species classification, regulatory actions, and the governing bodies involved in the endangered species regulatory process. The ruling created the Endangered Species Protection Board, the governing state body that protects species by informing lawmakers. The board is comprised of nine members, two of which are naturalists such as biologists or zoologists. This board lists species as endangered or threatened in Illinois. This act outlines the necessary permits for the “take” of these species for justified scientific activities.

The Illinois Department of Natural Resources administers the programs overseeing permits for possessing specimens or products of Illinois endangered or threatened species and authorization for the incidental taking of Illinois endangered or threatened species.    

Illinois Administrative Code: Water Regulations

The Illinois Administrative Code contains all the statewide rules and regulations. Within the code are all the state's water regulations. These regulations are specific to the state and may enforce a federal ruling.

This code includes the Illinois surface water quality standards and Illinois groundwater regulations.

The Environmental Protection Agency (EPA), a federal agency, sets the Surface Water Quality Standards that the states uphold. These standards guide the regulations for surface waters, such as lakes, ponds, wetlands, and other waterways. Surface water quality is detrimental to the health

of the environment and individuals. Therefore, extensive regulations and multi-level agencies work to protect these waters.

Wetlands and Illinois State Waters Protection

Construction activities occurring in Illinois waterways, floodplains, and wetlands often require state and federal authorization. Anyone proposing to construct, operate or maintain any dam, dock, pier, wharf, sluice, levee, dike, building, roadway, utility crossing, piling, wall, fence, or other structure in, or dredge, fill or otherwise alter the bed and banks of any stream, lake, wetland, floodplain or floodway subject to State and federal regulatory jurisdiction may be required to obtain approvals from the Illinois EPA and other state, federal or local authorities. The U.S. Army Corps of Engineers and the Illinois Department of Natural Resources Office of Water Resources (IDNR/OWR) permit such construction activities.

The Great Lakes Compact

The compact bans diverting waters from the Great Lakes Basin unless there is a necessary cause. This rule also requires states to establish a state-specific regulatory program to aid basin management.

The eight Great Lakes states, the United States Congress, and President Bush approved this compact in 2008. This compact between Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin. Additionally, this rule is a binational agreement with Canadian provinces Quebec and Ontario.

Ohio River Valley Water Sanitation Commission

This act, established in 1948, is a compact between Kentucky, Illinois, Indiana, New York, Pennsylvania, Ohio, Virginia, and West Virginia. This interstate agreement establishes a commission to monitor and regulate the quality of the rivers, streams, and waters of the Ohio River Basin. The commission informs and aids in policy for regulating these waters.

Indiana Environmental Regulations

Indiana Protection of Streams and Wetlands

The Indiana Department of Environmental Management (IDEM) regulates activities in lakes, rivers, streams, and wetlands to ensure that those activities maintain these waters' chemical, physical, and biological integrity. Our nation's wetlands and waterways provide beautiful scenery, drinking water/groundwater recharge, recreation value, and many other benefits. They also offer raw materials for industry and medicine, hydroelectric power, a receptacle for wastewater, and a highway for commerce. While these uses provide significant benefits to citizens, they can also alter and pollute our nation's waters and waterways. Federal permits or licenses are required to conduct many of these operations, including building and operating hydroelectric dams, discharging wastewater, altering flow paths, and placing fill materials into wetlands and waterways.

When a project planned in Indiana will impact a wetland, stream, river, lake, or other Water of the U.S., the Indiana Department of Environmental Management (IDEM) must issue a Section 401 Water Quality Certification (401 WQC). A Section 401 WQC is a required component of a federal permit and must be issued before granting a federal permit or license.    

Indiana Non-game and Endangered Species Conservation Act

In 1973, the Indiana state legislature passed the Nongame and Endangered Species Conservation Act which protects species whose survival or reproductive parameters are in jeopardy or are likely to be within the state and any species designated as endangered under the federal ESA. While the act prohibits the unlawful taking or possession of listed endangered species, there are no provisions against incidental take. However, the Indiana Department of Natural Resources has adopted rules to issue limited take permits for state endangered species for either federal proposed species or federally listed species under Section 14-22-34-17.

The Great Lakes Compact

The compact bans diverting waters from the Great Lakes Basin unless there is a necessary cause. This rule also requires states to establish a state-specific regulatory program to aid basin management.

The eight Great Lakes states, the United States Congress, and President Bush approved this compact in 2008. This compact between Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin. Additionally, this rule is a binational agreement with Canadian provinces Quebec and Ontario.

Ohio River Valley Water Sanitation Commission

This act, established in 1948, is a compact between Kentucky, Illinois, Indiana, New York, Pennsylvania, Ohio, Virginia, and West Virginia. This interstate agreement establishes a commission to monitor and regulate the quality of the rivers, streams, and waters of the Ohio River Basin. The commission informs and aids in policy for regulating these waters.

Iowa Environmental Regulations

Endangered Plants and Wildlife is Chapter 481B of the Code of Iowa

Iowa's endangered and threatened species law was enacted in 1975. The current law, entitled Endangered Plants and Wildlife, is Chapter 481B of the Code of Iowa. The Natural Resource Commission and the Department of Natural Resources Director are responsible for administering Chapter 481B.

Chapter 481B of the Code of Iowa authorizes the Commission to Cooperate with the federal government in the conservation, protection, and artificial propagation of endangered and threatened species and designate a state list of endangered and threatened species by rule (Iowa Administrative Code [571] Chapter 77). Additionally, the Department of Natural Resources Director is authorized to conduct investigations to collect information about listed species for their conservation and management and establish programs to manage listed species, including purchasing habitats. Other authorizations by the Commission allow the capture, possession, sale, or purchase of listed species for scientific, education, or rehabilitation purposes, for propagation in captivity to ensure the survival of a species, and permit taking upon showing good cause where necessary to reduce property damage or to protect human health.            

Iowa Administrative Code: Water Quality Standards

These standards are listed in the Iowa Administrative Code and upheld by the Department of Natural Resources (DNR). The water standards ensure safe drinking water and a safe habitat for wildlife. These rules create the localized water quality standards that serve as the site-specific parameters to be approved by the EPA as upheld by the Clean Water Act. This ruling sets chemical criteria and anti-degradation standards for Iowa waters. Additionally, as the Clean Water Act states, these regulations are subject to public review and comment as needed.

Iowa Code Section 314.24 –Natural and Historic Preservation

This rule establishes the responsibility and interest of the state to preserve state natural and historic resources. It also shows cities and counties as governing bodies responsible for this preservation. This act supports federal actions, such as the National Historic Preservation Act. This rule applies beyond state-fund projects. Developments not causing a ground disturbance must submit a Cultural Resources Assessment (CRA) as part of the documentation. Developments that will cause a ground disturbance must submit a Cultural Resources Evaluation (CRE), resulting in further review. Permitting applies to projects that fall within the scope of this rule.

Wetlands, Streams, and other Waters Regulation in Iowa

Wetlands are regulated in Iowa by the U.S. Army Corps of Engineers (Corps), which authorizes projects in compliance with Section 404 of the Clean Water Act; the U.S. Environmental Protection Agency (EPA), which enforces Section 404; and the Iowa Department of Natural Resources (DNR), who issue Section 401 Water Quality Certifications for all Section 404 Permits. In addition, the U.S. Fish & Wildlife Service, Natural Resource Conservation Service, and State Historic Preservation Officer all play essential roles in the wetland permitting process.

Kansas Environmental Regulations

Kansas Surface Water Quality Control Standards

These standards ensure clean surface water for the public’s health and the environment. This rule extends protection to all Kansas surface waters (including wetlands and streams), whether they are classified as Waters of the United States (WOTUS) or not. These additional state protections allow for improved water quality for all Kansas waters and can impact developers across the state. These standards set guidelines for the levels of varying contents found within surface waters. This section of the Kansas legislation outlines all the regulations and penalties for interacting with these waters.

Kansas State Preservation Law

The Kansas State Preservation Law was enacted in 1977. The initial legislation declared historic preservation the policy of the state of Kansas. It required the activities of governmental entities which encroached on national or state-registered properties to be reviewed by the State Historic Preservation Office. In 1981, lawmakers expanded the law to require reviews of all projects involving federal and state registered properties and their environs. However, a 2013 revision eliminated the requirement of environmental reviews.

Arkansas River Basin Compact: Kansas-Oklahoma

This compact is an interstate agreement between Kansas and Oklahoma with congressional consent. This agreement divides the Arkansas River Basin between the states, creates an agency for managing the waters, and promotes a shared pollution-abatement program for the shared waters.

These waters impact both states’ overall water quality and quantity and impact regulations. This compact establishes conservation capacities for the subbasins of the river to ensure proper management and use of the waters. The agreement requires state programs to work together to adhere to appropriate management of the waters and federal water pollution laws. This compact also establishes what management methods are used to identify and monitor pollutants within the water.

Kentucky Environmental Regulations

Kentucky Floodplain Protection

Streams are defined in Kentucky Revised Statutes 151 as any river, creek, or channel having well-defined banks in which water flows for substantial periods of the year to drain a given area or any lake or other body of water. Activities in dry streams much of the year (ephemeral) are generally not subject to a permit.

Typical permitting activities include dams, bridges, culverts, residential and commercial buildings, placement of fill, stream alterations or relocations, small impoundments, and water and wastewater treatment plants.

Kentucky Conservation and State Development. Chapter 150. Fish and Wildlife Resource

This section of the state code establishes the state’s interest in protecting and regulating wildlife. The rule supports the federal Endangered Species Act in listing, regulating, and managing threatened, endangered, and sensitive species. The ruling states that possessing, selling, or transporting an endangered species is prohibited. A permit from the Kentucky Department of Environmental Protection is required when interacting with or impacting these species.

Ohio River Valley Water Sanitation Compact

This act, established in 1948, is a compact between Kentucky, Illinois, Indiana, New York, Pennsylvania, Ohio, Virginia, and West Virginia. This interstate agreement establishes a commission to monitor and regulate the quality of the rivers, streams, and waters of the Ohio River Basin. The commission informs and aids in policy for regulating these waters.

Louisiana Environmental Regulations

Louisiana Administrative Code 76:IX.105, 115 and 117: Natural and Scenic River Systems

Louisiana has designated many rivers, streams, and bayous protected under the Louisiana Natural and Scenic Rivers System. Development activities are prohibited without the Louisiana Department of Wildlife and Fisheries permit in these rivers. Activities requiring a permit include, but are not limited to, road crossings, mining, piers, bulkheads, commercial uses, and other non-conforming structures.      

Louisiana Wetlands and Streams Protection

The Louisiana Department of Environmental Quality (LDEQ) coordinates 401 water quality certifications with the Corps of Engineers for dredge and fill permits (Section 10/Section 404).) The Coastal Zone Management Program in the Louisiana Department of Natural Resources (LDNR) issues its permit for projects within the coastal zone; elsewhere, 401 certification represents the state’s primary means of providing input on the regulation of dredge and fill activities. The state works closely with the Corps and the applicant to ensure that the state’s concerns are incorporated into the final Corps permit. The Corps retains most compliance and enforcement responsibility.

Louisiana Coastal Resources Program (LCRP)

This program was created by the federal Coastal Zone Management Act (CZMA). This act is a voluntary agreement between the coastal states and the federal government. The program establishes guidelines and programs for managing and conserving the environment within these states. The Department of Natural Resources, via the Office of Coastal Management (OCM), administers this program. Developments in these states yielding impacts on these waters are subject to further regulation by the OCM and other governing bodies established within these acts and programs.

Maine Environmental Regulations

Maine Stormwater Management Law

Maine’s Stormwater Management Law applies to projects that propose more than one acre of disturbed area. Permit-By-Rule applies to projects that will result in the following:

• Less than 20,000 square feet of impervious area

• Acres of developed area in the direct watershed of a lake most at risk or urban impaired stream

• Less than one acre of impervious

• Five acres of developed area in any other watershed.

A complete permit is required for projects subject to the Site Location of Development Act or those that exceed Permit-by-Rule thresholds.

Maine Site Location of Development Act (Site Law)

This law requires the review of developments that may substantially affect the environment. Under this law, developments requiring review include projects occupying more than 20 acres, large structures and subdivisions, and oil terminal facilities. A permit is issued if a project addresses stormwater management, groundwater protection, infrastructure, wildlife and fisheries, noise, and unusual natural areas.

Maine Mandatory Shoreland Zoning Act

The Mandatory Shoreland Zoning Act requires local municipalities to adopt ordinances that regulate land use activities in the shoreland zone. The shoreland zone is comprised of all land areas within 250 feet of the following:

• Ponds and non-forested freshwater wetlands that are 10 acres or larger

• Rivers with watersheds of at least 25 square miles in a drainage area

• Coastal wetlands and tidal waters

• All lands areas within 75 feet of specific streams

The law also limits the amount of vegetation that anyone can cut in the shoreland zone. If a municipality has not adopted a shoreland zoning ordinance, the Maine Department of Environmental Protection will adopt the state model ordinance for that municipality.

Maine Protected Species

Maine's endangered inland fish and wildlife species are listed under Maine's Endangered Species Act [MESA], the U.S. Endangered Species Act [ESA], or both. Species listed under MESA receive state protection; species listed under ESA receive federal protection, and species listed under both receive state and federal protection.

The Maine Department of Inland Fisheries and Wildlife holds management responsibility for inland fish and wildlife listed under MESA and shares responsibility with the U.S. Fish and Wildlife Service [USFWS] for inland fish and wildlife listed under ESA.

Endangered and threatened marine species are listed under Maine's Marine Endangered Species Act or ESA. The Maine Department of Marine Resources (MDMR) has responsibility for these species.

Maine Wetlands Protection

The state of Maine has a state wetland permitting program under Maine’s 1988 Natural Resources Protection Act (NRPA), which establishes state regulatory authority over wetlands. Chapter 310 regulates wetlands. The state’s §401 certification process is part of this program, coordinated by the Maine Department of Environmental Protection (DEP). Maine communities regulate wetlands under the home rule provisions of the Maine Constitution and under Maine’s Municipal Shoreland Zoning statute, which gives authority to local government to regulate non-forested wetlands greater than ten acres in size.

Under this program, applicants file a permit application with the Maine Department of Environmental Protection (DEP). DEP then coordinates the screening and review of all applications with all other state and federal agencies. Since the federal agencies participate in the process, they maintain the authority to deny a permit or require restrictions consistent with federal law.

Maryland Environmental Regulations

Maryland State Protected Species

The Non-game and Endangered Species Conservation Act is the primary Maryland law (enacted in 1975) that governs the legal listing of threatened and endangered species. The Act is supported by regulations that define listing criteria for endangered, threatened, in need of conservation, and endangered extirpated species; lists the species included in each category; establishes the purpose and intent of research and collection permits; and lists prohibited activities.

The Maryland Department of Natural Resources Fisheries and Boating Service maintains an official list of game and commercial fish species legally designated as endangered, threatened, or in need of conservation in Maryland.

The Wildlife and Heritage Service Natural Heritage Program tracks the status of native plants and animals that are among the rarest in Maryland and most in need of conservation efforts as elements of our State's natural diversity.

Maryland Forest Conservation Act

This act minimizes the loss of Maryland's forest resources during land development by identifying and protecting the forest and other sensitive areas as a part of the local site planning process. An activity greater than 1 acre requires an application for a public or private subdivision, grading permit, or sediment control permit.

Code of Maryland Regulations 26.23 Nontidal Wetlands and Waterways

This regulation regulates activities in nontidal wetlands, including marshes, swamps, bogs, wet meadows, and bottomland forests and their buffers. Buffers around nontidal wetlands are usually 25 feet, but the buffer is expanded to 100 feet for wetlands of special state concern as defined in COMAR 26.23.06. Some regulated activities include: grading, filling, dredging, and destroying or removing vegetation.      

These regulated activities require the completion of the Joint Federal/State Application for the Alteration of Any Floodplain, Waterway, Tidal, or Nontidal Wetland in Maryland.

Code of Maryland Regulations 26.08.02 Antidegradation of Tier II Waters

The Tier II review aims to prevent the degradation of high-quality waters due to permitted activities. The Tier II review is implemented at the watershed scale to protect downstream resources, meaning that permitted activities occurring anywhere upstream of the designated stream segment may be subject to review. If design alternatives to avoid impacts are unavailable, the activities should incorporate controls that minimize unavoidable implications for critical resources that support high-quality waters. This means giving special attention to maintaining sufficient stream buffers and avoiding both cumulative decreases in forest cover and increases in impervious cover, like parking lots.

Maryland Wetlands Protection

All wetlands in Maryland are regulated under various state statutes. The Maryland Department of Environment (MDE) Wetlands and Waterways Program, located within the agency’s Water Management Administration, is primarily responsible for state wetlands protection and comprehensive wetland management under the Nontidal Wetlands Protection Act and Tidal Wetlands Act.

Although MDE is primarily responsible for wetland protection in the state, the Maryland Board of Public Works is responsible for issuing licenses required for filling or dredging state-owned tidal wetlands.

Massachusetts Environmental Regulations

Massachusetts Wetlands Protection Act

Massachusetts Wetland Protection Act prohibits the removal, dredging, filling, or altering of the following without a permit; the ocean, estuaries, creeks and rivers, streams, ponds, wetlands, and others.    

Any activity within 100 feet of those areas may also be subject to protection under this act.

Massachusetts Endangered Species Act (MESA)

The Massachusetts Endangered Species Act (MESA) protects rare species and their habitats by prohibiting the taking of any plant or animal species state or federally listed as endangered, threatened, or special concern. Projects in rare species habitats must file for a permit with the Natural Heritage & Endangered Species Program.

Connecticut River Valley Flood Control Compact

This compact is an interstate agreement between Connecticut, New Hampshire, Vermont, and Massachusetts. This agreement protects the Connecticut river basin and its tributaries by regulating flood control and water resource management actions. This rule also establishes a fund to reimburse local agencies impacted by floods via hosting flood control facilities. This fund is structured to reimburse affected states via payment of upstream or downstream beneficiaries of the impacted state’s flood control efforts. By doing so, the maintenance efforts and costs are not held by one state. This interstate agreement affects individual state water use and quality standard regulations. The quality and quantity of water impacts water storage and usage for each state within the basin.

Michigan Environmental Regulations

Michigan Environmental Protection Act

This law is based on “a common law of environmental quality” rather than legislation to conserve the environment. The rule allows the state to regulate actions that harm Michigan’s natural resources and existing federal statutes. This act will enable citizens to sue violators of standards of environmental quality established within the state laws. Regulations are upheld at the federal and local levels, allowing developers to face penalties for violations.

Michigan Regulations for Land/Water Interface Activities

The Michigan Department of Environment, Great Lakes and Energy (EGLE) regulates construction activities where water meets land- a land/ water interface. The state and subject regulate these actions through a permitting process. The ELGE Water Resources Department administers many parts of the Natural Resources and Environmental Protection Act. This department administers regulations for actions occurring near an; inland lake, wetland, a Great Lake, floodway, stream, ditch, river, drain, channel, canal, or vital sand dunes.                                  

Michigan State Wetlands Protection

Michigan’s wetland regulatory authority is based primarily on a statewide wetland permit program defined in the Wetlands Protection Part of the State’s environmental code. The Michigan Department of Environmental Quality (DEQ) has adopted administrative rules which provide clarification and guidance on interpreting State wetlands protection rules. The Wetland Protection Part provides broad regulation of Michigan’s wetlands and was incorporated by reference and made part of the Section 404 Program for the State of Michigan at the time of program assumption.

While Michigan has been delegated the authority to administer Section 404 of the Clean Water Act (CWA) for wetlands protection, the agency also shares jurisdiction with the U.S. Army Corps of Engineers (“Corps”) in some areas. The Corps has retained CWA 404 jurisdiction over traditionally navigable waters, including the Great Lakes, connecting channels, and other waters connected to the Great Lakes where navigational conditions are maintained (essentially, those waters covered by Section 10 of the Rivers and Harbors Act). The Corps also retains jurisdiction in wetlands directly adjacent to these waters. In these areas, both a Corps and an MDEQ permit are required for activities in wetlands.

The scope of jurisdiction under Michigan’s law is generally comparable with federal law; however, the underlying authority differs from federal law, based on land management authorities rather than the commerce clause. Under Part 303, the Michigan DEQ regulates:

All wetlands are connected to an inland lake or pond, river or stream, or one of the Great Lakes, regardless of size. The connection may be any permanent or intermittent surface water connection.

• All wetlands are within 500 feet of an inland lake, pond, river, stream, or within 1000 feet of the Great Lakes, regardless of size. These wetlands are assumed to have a groundwater connection with the associated water bodies.

• Wetlands greater than 5 acres in size that are not connected to other water bodies by surface or groundwater.

• Any wetland that is not otherwise regulated, if the DEQ has determined that the wetland is “essential to the preservation of the state's natural resources” and has notified the property owner.

Permits issued by the DEQ under Michigan’s 404 Program are state, not federal, permits, and as such, Section 401 certification is not required. However, a project that would violate Michigan’s water quality standards would not meet the permit criteria under state statutes. Under the Wetland Protection Part, a project which violated water quality standards would not be considered otherwise lawful and therefore not in the public interest.

The Great Lakes Compact

The compact bans diverting waters from the Great Lakes Basin unless there is a necessary cause. This rule also requires states to establish a state-specific regulatory program to aid basin management.

The eight Great Lakes states, the United States Congress, and President Bush approved this compact in 2008. This compact between Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin. Additionally, this rule is a binational agreement with Canadian provinces Quebec and Ontario.  

Minnesota Environmental Regulations

Minnesota Lake Superior Basin Water Standards

These standards ensure the water quality of the Lake Superior Basin per the Clean Water Act. This ruling was created to support the efforts of the EPA and the CWA. These standards establish maximum levels of contaminants in these waters, such as various chemicals. According to these standards and their criteria, regulation varies depending upon the Class of water development is interacting with.

Minnesota Environmental Rights Act

This act establishes an individual’s right to a safe environment and the responsibility of the state of Minnesota to aid in protection efforts for the environment. This act allows Minnesota to regulate actions that impact the environment and hold violators accountable. Additionally, the act enables all citizens to take civil action in a court of law against violators of this healthy environment.

Minnesota State Species Protection

The Minnesota Endangered and Threatened Species law of 1971 directs the DNR to identify those species at the most significant risk of disappearing from the state. By alerting resource managers and the public to species in jeopardy, actions can help preserve the diversity of Minnesota's flora and fauna.

Minnesota's Endangered Species Statute and the associated Rules impose various restrictions, a permit program, and several exemptions pertaining to species designated as endangered or threatened. A person may not take, import, transport, or sell any portion of an endangered or threatened species. However, these acts may be allowed by a permit issued by the DNR. Permit issuance is discretionary and based on the DNR's assessment of all relevant information.

The Great Lakes Compact

The compact bans diverting waters from the Great Lakes Basin unless there is a necessary cause. This rule also requires states to establish a state-specific regulatory program to aid basin management.

The eight Great Lakes states, the United States Congress, and President Bush approved this compact in 2008. This compact between Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin. Additionally, this rule is a binational agreement with Canadian provinces Quebec and Ontario.

Mississippi Environmental Regulations

Mississippi Surface and Groundwater Use Regulations

Rules found within the Mississippi Administrative Code serve as the guidelines for surface water and groundwater. Various actions can be taken to monitor water use. For example, the Mississippi Department of Environmental Quality establishes a Water Use Warning Area when their research indicates a lower quantity of water within a given source. These impacts permit holders’ access and use of this water until the warning is lifted. A permit is required when withdrawing surface or groundwater.

Mississippi Surface Water Quality Standards

State standards are established as required by the federal Clean Water Act. These water criteria outline the requirements to ensure safe surface water. These rules establish guidelines for pollution of Mississippi surface waters and the permits required to maintain water quality when developing near or generally impacting these waters. This quality is managed by the Surface Water Division (SWD) of the Mississippi Department of Environmental Quality Office of Pollution Control (OPC). The SWD conducts research, creates protection plans and criteria, and develops water quality models.                                    

Mississippi Nongame and Endangered Species Conservation Act

This rule establishes state interest and responsibility to protect and regulate wildlife. The act establishes the Mississippi Department of Wildlife, Fisheries, and Parks as the regulatory body to assist the federal government in protecting endangered and threatened species within the state. This act prohibits the take, trade, or possession of protected species. Without prior scientific or other exemption, violators will be held liable and face charges up to a $1,000 fine and imprisonment for one year. These regulations are upheld at the state, local, and federal levels.

Missouri Environmental Regulations

Missouri Clean Water Law

This law ensures Missouri state waters meet federal standards set by the Clean Water Act. Under this law, the Missouri Department of Natural Resources is responsible for issuing certifications, permits, and licenses required to meet federal and state rules. This rule establishes the standards, permits, processes, and penalties for regulating clean water in Missouri.

Missouri Soil and Water Conservation Districts Law

Missouri state law establishes 114 soil and water conservation districts to lead soil conservation, flood prevention, drainage, water supply, irrigation, and sediment prevention. These districts conduct surveys, investigations, research, develop district-wide plans and adopt land-use regulations to preserve resources.

Montana Environmental Regulations

Montana Environmental Policy Act

The Montana Environmental Policy Act (MEPA) is a procedural act codified in Title 75 of the Montana Code Annotated. The purpose of MEPA is to declare a state policy that will:

• Encourage productive and enjoyable harmony between humans and their environment.

• Protect the right to use and enjoy private property free of undue government regulation.

• Promote efforts that will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of humans.

• And enrich the understanding of the ecological systems and natural resources essential to the state.

A MEPA review is required when any state action is being proposed. These actions are defined as any activity undertaken, supported, granted, or approved by a state agency that may impact the human environment. Most MEPA reviews are not required to assess the project’s effects beyond Montana borders. Exceptions include fish, wildlife, and parks conducting studies or when a review beyond Montana’s borders is required by law, rule, regulation, or federal agency.

Montana Natural Streambed and Land Preservation Act

The Natural Streambed and Land Preservation Act, also known as the 310 Law, aims to keep rivers and streams and the land adjacent to them as natural as possible, minimize sedimentation, and recognize beneficial uses.

A 310 permit is required for any activity that physically alters or modifies the bed or banks of a perennially flowing stream on public or private land. If a land developer needed to apply for a 310 permit, they could use Montana’s Joint Permit Application for Proposed Work in Montana’s Streams, Wetlands, Floodplains, and Other Water Bodies.                          

Montana Major Facility Siting Act

The Major Facility Siting Act (MFSA) requires state agency review of certain facilities engaging in generating, converting, or distributing energy, including pipelines, electrical transmission lines, geothermal, hydroelectric, and nuclear facilities.                 

Anyone who wants to construct an energy generation, conversion, or distribution facility in Montana must file an application that assesses the projected short and long-term impacts resulting from the construction, operation, maintenance, and decommissioning of the facility associated with the proposed site.

Nebraska Environmental Regulations

Nebraska Non-game and Endangered Species Conservation Act

The Nebraska Non-game and Endangered Species Conservation Act declares that Nebraska's policy is to conserve wildlife species for human enjoyment and scientific purposes while ensuring their perpetuation as viable components of their ecosystem. This law automatically prohibits taking, exporting, and possessing endangered or threatened species and imposes penalties on violators.

Nebraska Surface Water Quality Standards

These water quality standards ensure safe surface water consistent with the Clean Water Act guidelines. Guidelines for acceptable levels of materials within these waters, regulations, governing bodies, and penalties are established within this act. Amendments to the standards were made to create additional regulatory sections specific to the Salt Creek Segments and Oak Lake. Surface water standards are specific to the type of state of surface water and contaminant in question.

Nevada Environmental Regulations

Nevada Revised Statutes 527.270

This statute states that any species of native flora on the list of fully protected species declared to be threatened with extinction are provided protection from removal or destruction on lands in Nevada. All activities like construction, development, maintenance, motor vehicle operation, and facility repair conducted in Nevada that can negatively impact listed critically endangered native flora, or their habitat, are regulated by Nevada Revised Statutes 527.270. A permit is required before initiating said activity.                         

Nevada Utility Environmental Protection Act

The Utility Environmental Protection Act (UEPA) was enacted in 1971 to address environmental issues related to the construction of utility facilities. UEPA permits granted by the Public Utilities Commission of Nevada apply to conventional power plants, renewable energy production, electric transmission lines, and gas transmission lines.      

Lower Colorado River Multi-Species Conservation Program Act

This program is a federal and interstate conservation program between Arizona, California, and Nevada. This program protects the habitats and species of the lower region of the Colorado River- an area jointly shared between these states. These efforts encompass around 400 miles of river and protect 27 threatened, endangered, and sensitive species. Under the Endangered Species Act (ESA), this program allows incidental take authorization within these states. This action enables power and water agencies to continue working with these specific permissions.

New Hampshire Environmental Regulations

The New Hampshire Wetlands Act

The Wetlands Act regulates any activities involving excavation, removal, fill, dredge, or construction in tidal and freshwaters and wetlands in the state. Areas regulated under the act include wetlands, surface waters, tidal buffer zones, municipality-designated

prime wetland buffers, and sand dunes. Most projects are permitted by completing a Wetland Permit Application.

New Hampshire Alteration of Terrain

The New Hampshire Alteration of Terrain (AoT) regulation protects New Hampshire surface waters, drinking water supplies, and groundwater by controlling soil erosion and managing stormwater runoff from developed areas. An AoT permit is required whenever a proposed project plans to disturb: 100,000 sf of contiguous terrain, 50,000 sf within the protected shoreline, and a grade of 25% or greater within 50 feet of surface water.                

The AoT permitting program applies to Earthmoving operations, such as industrial, commercial, and residential developments, in addition to sand pits, gravel pits, and rock queries.

New Hampshire Shoreland Water Quality Protection Act

The Shoreland Water Quality Protection Act (SWQPA) establishes standards for the subdivision, use, and development of shorelands adjacent to New Hampshire’s public water bodies. The SWQPA Act regulates the excavation, fill, or construction activities (such as regarding or recontouring with mechanized equipment) that are proposed to occur within 250 feet of the reference line of; lakes, ponds, and impoundments greater than 10 acres, perennial streams, and rivers, and all waters subject to the ebb and flow of the tide.          

Connecticut River Valley Flood Control Compact

This compact is an interstate agreement between Connecticut, New Hampshire, Vermont, and Massachusetts. This agreement protects the Connecticut river basin and its tributaries by regulating flood control and water resource management actions. This rule also establishes a fund to reimburse local agencies impacted by floods via hosting flood control facilities. This fund is structured to reimburse affected states via payment of upstream or downstream beneficiaries of the affected state’s flood control efforts. By doing so, the maintenance efforts and costs are not held by one state. This interstate agreement involves individual state water use and quality standard regulations. The quality and quantity of water impact water storage and usage for each state within the basin.

New Jersey Environmental Regulations

New Jersey Freshwater Wetlands Protection Act

Passed in 1987 by the New Jersey Legislature, the Freshwater Wetlands Protection Act aims to preserve the purity and integrity of freshwater wetlands from unnecessary or undesirable alterations or disturbances by authorizing a permitting program to regulate all activities in freshwater wetlands and transition areas such as buffers adjacent to wetlands.

New Jersey Endangered and Non-game Species Conservation Act of 1973

This act establishes a list of wildlife species designated by the State of New Jersey as threatened or endangered and laws to protect and restore those species and their habitats. The law prohibits taking, possessing, transporting, exporting, processing, selling, or shipping listed species.

New Jersey Coastal Area Facility Review Act

The Coastal Area Facility Review Act (CAFRA) authorizes the State of New Jersey’s Department of Environmental Protection to regulate residential, commercial, public, or industrial development such as construction, relocation, and enlargement of buildings or structures within the CAFRA area. This also includes associated work such as excavation, grading, site preparation, and the installation of shore protection structures. The CAFRA area begins where the Cheesequake Creek enters Raritan Bay in Old Bridge, Middlesex County, extends south along the coast around Cape May, and then north along the Delaware Bay, ending at Killcohook National Wildlife Refuge in Salem County.

New Jersey Soil Erosion and Sediment Control Act

This act was adopted in 1975 to reduce soil erosion, reduce the danger from stormwater runoff, impede nonpoint source pollution from sediment, and conserve and protect the land, water, and natural resources of New Jersey. This law regulates construction and land-disturbing activities on projects with 5,000 square feet or more of land disturbances.

New Jersey Register of Historic Places Act of 1970

This act established the New Jersey Register of Historic Places, an official list of historic resources of local, state, and national interest in New Jersey. Mirrored closely to the National Register of Historic Places, the New Jersey Register of Historic Places uses the same criteria for eligibility. The program is administered by New Jersey's State Historic Preservation Office within the New Jersey Department of Environmental Protection.

New Mexico Environmental Regulations

New Mexico Cultural Properties Act

This act protects New Mexico archaeological sites through a permitting process for surveying and excavating archeological sites and unmarked human burials. It also establishes civil and criminal penalties for looting archaeological sites and disturbances of unmarked graves. The act requires state agencies to provide the State Historic Preservation Office with an opportunity to participate in any planning for activities that will affect any property listed on the State Register of Cultural Properties or the National Register of Historic Places.

New Mexico Wildlife Conservation Act

The New Mexico Wildlife Conservation Act established in 1978 authorized the New Mexico Department of Game and Fish to designate wildlife species in the state as threatened or endangered. The act also authorized the department to conserve those species and habitats and prohibit taking any listed species.

New Mexico Water Quality Act

Adopted in 1967, the New Mexico Water Quality Act provides authority for water quality management. The act establishes the Water Quality Control Commission and defines its power to provide water quality standards and direct programs consistent with the federal Clean Water Act.

New York Environmental Regulations

New York Climate Leadership and Community Protection Act (CLCPA)

In 2019, the CLCPA was enacted to address climate change and reach net zero emissions in New York State. The act commits to 100% zero-emission electricity by 2040. CLCPA sets a target to reduce at least 85% below 1990-level greenhouse gas emissions by 2050, with an interim target of a 40% reduction by 2030). The act also mandates that 70% of all electricity generated in New York come from renewable sources by 2030.

New York Protection of Waters Regulatory Program

The New York State Department of Environmental Conservation created the Protection of Waters Regulatory Program to prevent undesirable activities in New York waters. The Protection of Waters Regulatory Program establishes and enforces regulations that; promote the preservation and protection of water resources, protect human health and welfare, and are consistent with the economic and social development of New York.      

Ohio River Valley Water Sanitation Commission

This act, established in 1948, is a compact between Kentucky, Illinois, Indiana, New York, Pennsylvania, Ohio, Virginia, and West Virginia. This interstate agreement establishes a commission to monitor and regulate the quality of the rivers, streams, and waters of the Ohio River Basin. The commission informs and aids in policy for regulating these waters.

The Great Lakes Compact

The compact bans diverting waters from the Great Lakes Basin unless there is a necessary cause. This rule also requires states to establish a state-specific regulatory program to aid basin management.

The eight Great Lakes states, the United States Congress, and President Bush approved this compact in 2008. This compact between Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin. Additionally, this rule is a binational agreement with Canadian provinces Quebec and Ontario.      

North Carolina Environmental Regulations

North Carolina Environmental Policy Act

Adopted in 1971, the North Carolina Environmental Policy Act encourages wise, productive, and beneficial use of the state's natural resources. The policy requires state agencies to consider and report the environmental aspects and consequences of actions involving a significant expenditure of public funds or use of public land and activities that notably affect the quality of the state's environment.

North Carolina Surface Water and Wetland Standards

These standards are state regulations that protect the lakes, rivers, streams, and other surface waters of North Carolina from the effects of pollution. Surface waters are protected based on their designated uses as defined in the surface water classifications established in the North Carolina Administrative Code.

North Carolina Archaeological Resources Protection Act (ARPA)

This act protects state archeological resources in addition to the federal statutes established. This law defines archeological artifacts as the remains of humans a minimum of 50 years old and items of archaeological interest. ARPA permits are required to investigate or dig on state archeological sites.      

North Dakota Environmental Regulations

North Dakota Century Code Chapter 61-04-02

Under this code, all projects that propose beneficial water use except for domestic, livestock, fish, wildlife, and other recreational uses (unless those mentioned above are greater than 12.5 acre-feet per year) must apply for a water permit before use. Aside from the application, the permit process requires public notice/comment, and the timing for the permit may exceed several months in areas where water supplies are limited or critical.

North Dakota Century Codes 55-02-07 & 55-03-01

Two North Dakota Century Codes address paleontological resources. North Dakota Century Code 55-02-07 states that any historical or archaeological artifact or site that is found or located on land owned by the state or its political subdivisions may not be destroyed, defaced, altered, removed, or otherwise disposed of in any manner without the approval of the state historical board. North Dakota Century Code 55-03-01 requires any person surveying for cultural resources on state land to obtain a permit from the State Historic Preservation Office.

North Dakota Sovereign Lands

Authorization is necessary to construct a project within the sovereign lands of North Dakota. North Dakota's sovereign lands are those areas, including beds and islands, lying within the ordinary high watermarks of navigable lakes and streams.                                                                                           

Ohio Environmental Regulations

Ohio Revised Code Section 1531.25: Protection of species threatened with statewide extinction

This rule is within the Revised Code of the state. This ruling allows the wildlife division chief to revise or repeal rules, with wildlife council approval, which they see as a danger to species facing statewide extinction. This rule establishes that future rule adjustments allow for the “take” of certain species under scientific or educational circumstances.

Ohio River Valley Water Sanitation Commission

This act, established in 1948, is a compact between Kentucky, Illinois, Indiana, New York, Pennsylvania, Ohio, Virginia, and West Virginia. This interstate agreement establishes a commission to monitor and regulate the quality of the rivers, streams, and waters of the Ohio River Basin. The commission informs and aids in policy for regulating these waters.

The Great Lakes Compact

The compact bans diverting waters from the Great Lakes Basin unless there is a necessary cause. This rule also requires states to establish a state-specific regulatory program to aid basin management.

The eight Great Lakes states, the United States Congress, and President Bush approved this compact in 2008. This compact between Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin. Additionally, this rule is a binational agreement with Canadian provinces Quebec and Ontario.

Oklahoma Environmental Regulations

Oklahoma Ground Water Law

Initially established in 1973 as a utilization law that protected economic development, this law regulates the impacts and use of Oklahoma groundwater. This law regulates factors such as pollution and depletion of these waters. Under this law, these waters are subject to regulation but considered the landowner's private property. This rule states that basins with Maximum Annual Yield (MAY) require regular permits for groundwater use versus basins without MAY, which only require individuals to receive temporary permits.

Arkansas River Basin Compact: Arkansas-Oklahoma

This compact is an interstate agreement between Arkansas and Oklahoma with congressional consent. This rule establishes the agreement to share cleanup, maintenance, and development of the Arkansas River Basin. The compact regulates water pollution in the river basin and requires the water agencies within the two states to work together on water resources and pollution regulation. This shared resource impacts state regulation and water control efforts and is the responsibility of both state governments.

Arkansas River Basin Compact: Kansas-Oklahoma

This compact is an interstate agreement between Kansas and Oklahoma with congressional consent. This agreement:

• Divides the Arkansas River Basin between the states

• Creates an agency for the management of the waters

• Promotes a shared pollution-abatement program for the shared waters

These waters impact both states’ overall water quality and quantity and impact regulations. This compact establishes conservation capacities for the subbasins of the river to ensure proper management and use of the waters. The agreement requires state programs to work together to adhere to appropriate control of the waters and federal water pollution laws. This compact also establishes methods to identify and monitor pollutants within the water.

Oregon Environmental Regulations

Oregon Environmental Protection Act

This act establishes state interest and the right to environmental protection for Oregon. This act allows the state to survey and regulate natural resources as it sees fit for public health and economic and environmental interest. This ruling upholds the standards expressed in federal acts, such as the Clean Water Act and Clean Air Act. The act was created to ensure thorough environmental protection should the Trump administration roll back environmental restrictions. Features that are not protected under a national environmental policy may be subject to additional state regulations.

Oregon Archaeological Objects and Sites

State and federal laws protect Archeological objects and sites within Oregon. Additional local regulations like the Inadvertent Discovery Plan (IDP) in Eugene apply to developments. Oregon state laws prohibit the possession, selling, or trade of archeological artifacts protected by Oregon State Law and the federal Archeological Preservation Act of 1979. A permit is required to dig or develop on lands known or suspected to have archaeological value. Damage to historical artifacts, human remains, or burial is prohibited under this law. Violators may be subject to a $5,000 fine or five years in prison.

Oregon Removal-Fill Law

The Oregon Removal-Fill Law supports the federal Clean Water Act in protecting waters. Under these laws, a permit from the US Army Corps of Engineers-Portland District (Corps) and the Oregon Department of State Lands (DSL) is required when impacting water resources. In the case of the Removal-Rill law, the impacts of focus are the removal or filling of state wetlands or waterways. The series of steps to limit these impacts is called a mitigation sequence. This can require actions such as a wetlands assessment or a stream-functions assessment. By following the proper steps, effects can be limited, avoided, or compensated for. Both mitigation and permitting are required for developments.

Pennsylvania Environmental Regulations

Pennsylvania History Code

The Pennsylvania Historical and Museum Commission (PHMC) is established as the State Historic Preservation Office by the National Historic Preservation Act and the Pennsylvania History Code. This code specifies the powers and jurisdiction relating to historic preservation. The commission can investigate and research potential historic properties, maintain a resource of these historic properties, and propose regulatory plans to preserve these sites. State and federal rulings apply to developments interacting with these sites.

Ohio River Valley Water Sanitation Commission

This act, established in 1948, is a compact between Kentucky, Illinois, Indiana, New York, Pennsylvania, Ohio, Virginia, and West Virginia. This interstate agreement establishes a commission to monitor and regulate the quality of the rivers, streams, and waters of the Ohio River Basin. The commission informs and aids in policy for regulating these waters.

The Great Lakes Compact

The compact bans diverting waters from the Great Lakes Basin unless there is a necessary cause. This rule also requires states to establish a state-specific regulatory program to aid basin management.

The eight Great Lakes states, the United States Congress, and President Bush approved this compact in 2008. This compact between Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin. Additionally, this rule is a binational agreement with Canadian provinces Quebec and Ontario.

Rhode Island Environmental Regulations

Rhode Island Freshwater Wetlands Act

Under this law, all freshwater wetlands, including riverbank wetlands, are regulated. The wetlands protected under this act include; ponds, swamps, bogs, marshes, and particular aquatic sites.                                          

Rhode Island Water Quality Regulations

Rhode Island's water quality regulations are intended to restore, preserve, and enhance the physical, chemical, and biological integrity of the state's waters and serve the purposes of the Clean Water Act. These regulations apply to the following all waters of Rhode Island.           

Rhode Island Endangered Species of Animals and Plants

Rhode Island General Laws Chapter 20-37 forbids the importation, sale, offering for sale, transportation, storage, traffic, ownership, or other possession under the federal Endangered Species Act of 1973. The policy also forbids the use of any dead or live animal or plant or any part of the skin, other tissues, or body, whether raw, manufactured, processed, or preserved, of any animal or plant species. The Rhode Island Department of Environmental Management is responsible for managing and conserving the state's endangered species.

South Carolina Environmental Regulations

South Carolina Pollution Control Act

The South Carolina Pollution Control Act is the state's environmental law on water quality protection. The act establishes the Department of Health and Environmental Control as the state agency responsible for environmental matters. The law empowers the Department of Health and Environmental Control to conduct the water pollution control program through permitting, inspections, compliance, monitoring, enforcement, and public education. The wastewater construction permit was established because of this law.

South Carolina Coastal Tidelands and Wetlands Act

This Coastal Tidelands and Wetlands Act aims to protect and restore or enhance the resources of South Carolina’s coastal zone for current and succeeding generations. This act establishes state interest in managing these coastal natural resources. The rule establishes the South Carolina Coastal Management Program as a partnership between the state and federal governments to regulate these waters. The creation of this program allowed South Carolina to regain control of these critical areas. This act outlines these waters’ local and statewide regulation, jurisdiction, and management processes. Projects are subject to permitting as stated in this act.

South Carolina Non-game and Endangered Species Conservation Act

The South Carolina Department of Natural Resources passed this act in 1974. The act affords protection of state-listed endangered and threatened species. South Carolina's act is similar to the federal Endangered Species Act. Permits are required for the taking of any state or federal species listed.

South Dakota Environmental Regulations

South Dakota Preservation of Historic Sites

The State Historic Preservation Office manages the National Register of Historic Places program of the National Park Service in South Dakota. The National Register of Historic Places program surveys, inventories, and registers historical properties of the state. South Dakota Codified Law 1-19A-11.1 requires the state to identify projects that have the potential to damage, destroy, or infringe upon properties listed on the State Register of Historic Places and allow the opportunity to investigate such projects.

South Dakota Surface Water Quality

South Dakota developed surface water quality standards for all state waters per the Clean Water Act. The state's water quality standards are designed to protect public health and welfare, enhance water quality, and uphold the goals of the federal Clean Water Act. The Administrative Rules of South Dakota contain the state's surface water quality standards, criteria to protect the uses of the state's water bodies, and designated the uses assigned to each specific water body in the state.

South Dakota Endangered and Threatened Species

South Dakota's endangered species law describes the responsibilities of the South Dakota Department of Game, Fish, and Parks for listing and recovering threatened and endangered species of the state. South Dakota's Department of Game also partners with the U.S. Fish and Wildlife Service to help recover federally listed species found in the state.

Tennessee Environmental Regulations

Tennessee Ephemeral Streams Definition

Tennessee defines ephemeral streams as streams following as a result of precipitation for only part of the year, assuming the year has normal weather conditions.

The state defines typical weather conditions as conditions being within one standard deviation of the cumulative monthly precipitation means for a minimum of three months before the identification. This average is determined at the end of each decade and spans a three-decade period.

Tennessee Wetlands Definition

Tennessee defines wetlands as areas where surface or groundwater saturates the site often enough and at a period able to support, and under typical normal conditions do support, an abundance of vegetation usually adapted for life in saturated soil conditions. Wetlands generally include bogs, marshes, swamps, and similar areas.

Tennessee defines “constructed wetlands” as being purposely designed, built, and operated for the primary intention of wastewater treatment or stormwater retention on land that was previously not a wetland; these wetlands are not intended to mitigate adverse effects or other wetlands.

Tennessee Water Quality Control Act of 1977

This act establishes the state's ownership of the state waters and a right to unpolluted water for Tennessee citizens. This act bans the pollution of waters and aims to comply with federal water quality standards. The rule establishes the ability to prevent pollution of waters in the future. It aims to be included in the Federal Water Pollution Control Act and establishes the national pollutant discharge elimination system (NPDES).

Texas Environmental Regulations

Texas Ephemeral Streams Definition

The national definition for an ephemeral stream is a feature that only flows due to precipitation events. This definition assumes typical weather conditions for the climate of the region. Texas follows this national definition of ephemeral streams, only adding further distinction as streams with flow less than 30% of the year.

Texas Parks and Wildlife Code: Texas Endangered Species Protections

The Texas Parks and Wildlife Code details authorized regulations on managing and protecting native animals and plants listed as state threatened or endangered. Texas Parks and Wildlife Department regulations prohibit the taking, possession, transportation, or sale of any of the animal species designated by state law as endangered or threatened without the issuance of a permit. Some species listed as threatened or endangered under state law are also listed under federal regulations.                                                        

Utah Environmental Regulations

Utah Stream Alteration Program

Implemented in 1972, the Utah Stream Alteration Program protects the natural resource value of the state's streams and the water rights and recreational opportunities associated with them. The program requires any project that plans to alter the bed or banks of a natural stream must obtain written authorization from Utah's State Engineer before beginning work. New or replacement bridges, culverts, utility line installation, bank stabilization, and other activities adjacent to natural streams commonly require authorization.

Utah Wetlands and Stream Protection

Utah’s wetlands regulation is through the state’s water quality certification program (Section 401 of the federal Clean Water Act), administered by the Utah Department of Environmental Quality (UDEQ). UDEQ staff relies on best professional judgment in reviewing for consistency with state water quality standards. Section 401 water quality certifications are assessed based on whether or not the proposed actions will affect (surface or groundwater) “waters of the state.”

UDNR’s Division of Water Rights is responsible for regulating the appropriation and distribution of water rights, including the operation of a stream alteration permitting program. The program focuses on regulating alterations to natural stream channels, which may also include associated fringe wetlands within 30 feet of a stream. Permits are issued for one year, after which compliance with the original permit conditions is assessed.

Bear River Compact

This compact between Idaho, Utah, and Wyoming became effective in 1958, allowing the states to manage and apportion the waters of the Bear River. The primary purposes of this compact include:

• Removing any controversy over the distribution and use of the waters of the Bear River.

• Providing efficient use of the water for multiple purposes.

• Permitting additional development of the water resources of the Bear River.

• Promoting interstate comity.

Vermont Environmental Regulations

Vermont Water Supply Rule

The Vermont Water Supply Rule serves multiple purposes, including:

• Regulating water systems in the state to provide clean and safe drinking water for Vermont citizens

• Establishing sound construction standards that apply to every constructed well in Vermont, regardless of the type of facility it serves

• Authorizing Vermont to retain "primacy" for the Safe Drinking Water Act from the federal US EPA

• Maintaining all of the state's major regulations concerning water systems

Vermont Endangered and Threatened Species Rule

This rule protects lists of wild plants and animal species endangered and threatened in Vermont under law. Under the rule, no person shall take or possess an endangered or threatened species, except when exempted, and a process is outlined for Takings and Possession permits.

Vermont Preservation in Act 250

Established in 1970 by the Vermont Legislature, the Preservation in Act 250 is Vermont's Land Use and Development act. This act provides a public, quasi-judicial process for reviewing and managing the environmental, social, and fiscal effects of major subdivisions and developments in Vermont. To carry out Act 250, the Virginia Division for Historic Preservation conducts project reviews. Projects are reviewed by evaluating the project's potential impacts on historic buildings and structures, districts, landscapes, settings, and known or possible archeological resources.

Vermont Wetlands and Waters Protection

Vermont has its wetland permitting program. The State of Vermont identifies and protects wetlands through 1) the Vermont Wetland Rules, 2) the Land Use and Development Law, and 3) Clean Water Act (CWA) Section 401 certification in association with the federal CWA Section 404 permit program. The Vermont Wetland Rules (1990, amended 1990, 2010) regulate wetlands that provide significant functions and values. The Rules are part of Vermont’s Wetland Protection Act. Conditional and allowed activities, exemptions, permitting procedures, and mitigation requirements are described in the rules and enforcement provisions and wetland classification.

Connecticut River Valley Flood Control Compact

This compact is an interstate agreement between Connecticut, New Hampshire, Vermont, and Massachusetts. This agreement protects the Connecticut river basin and its tributaries regulate flood control and water resource management actions. This rule also establishes a fund to reimburse local agencies impacted by floods via hosting flood control facilities. This fund is structured to reimburse affected states via payment of upstream or downstream beneficiaries of the affected state’s flood control efforts. By doing so, the maintenance efforts and costs are not held by one state. This interstate agreement impacts individual state water use and quality standard regulations. The quality and quantity of water impacts water storage and usage for each state within the basin.      

Virginia Environmental Regulations

Virginia Clean Economy Act

Passed in 2020, this act created the clean energy stand for the state. The standard is for the state’s electric grid to be 100% green by 2050. This will impact funding for developments by type, additional environmental regulations to be created in the future, and likely alter the focus of environmental needs.

Virginia Water Protection (VWP) Permit Program

This rule regulates the actions interacting with surface waters in Virginia. These waters are all waters not defined as groundwater that exist within the state’s boundaries. Waters that fall under the State protection require a Virginia Water Protection (VWP) permit for alteration. This permitting process applies to wetlands, springs, ponds, streams, and channels.           

Ohio River Valley Water Sanitation Commission

This act, established in 1948, is a compact between Kentucky, Illinois, Indiana, New York, Pennsylvania, Ohio, Virginia, and West Virginia. This interstate agreement establishes a commission to monitor and regulate the quality of the rivers, streams, and waters of the Ohio River Basin. The commission informs and aids in policy for regulating these waters.

Washington Environmental Regulations

Washington State Environmental Policy Act

Enacted in 1971, the State Environmental Policy Act helps identify environmental impacts likely to result from projects and decisions associated with issuing permits for private projects, constructing public facilities, or adopting regulations, policies, and plans. The act reviews many environmental resources, including air, water, species, environmental health, housing, aesthetics, and historic and cultural resources.

Washington Sediment Management Standards

The Sediment Management Standards were developed to reduce and eliminate the effects on biological resources and significant threats to human health caused by surface sediment contamination. The standards set guidelines for sediment quality and apply the policies to reduce pollutant discharge and expeditious cleanup of contaminated sediment sites.

Water Quality Standards for the Surface Water of the State of Washington

The water quality standards for surface water help protect and allow the Department of Ecology to regulate water quality in Washington by setting pollution limits. These standards implement portions of the federal Clean Water Act and include designated uses, water quality criteria, and policies to protect waters from future pollution.

West Virginia Environmental Regulations

West Virginia Water Quality Standards

These standards help protect and maintain the water quality necessary to meet and maintain designated or assigned uses, such as swimming, recreation, public water supply, and aquatic life. These standards include water quality criteria, an antidegradation policy, and general policies for implementation issues.

West Virginia Erosion and Sediment Control Best Management Manual

Regulations to manage erosion control exist at local, state, and federal levels. This manual was created to help developers navigate these regulations. Federal sentiment policies still impact West Virginia developments, such as amendments to the Clean Water Act and National Pollutant Discharge Elimination System (NPDES). Additional erosion control policies for state-specific needs or simply meet federal requirements are created as seen fit.

West Virginia Wetlands and Waters Protection

Two offices issue section 401 (of the CWA) water quality certifications within the West Virginia Department of Environmental Protection (WVDEP). The Division of Mining and Reclamation for all mining-related projects that require §404 permits and the Division of Water and Waste Management for all other CWA Section 404 projects. The West Virginia Division of Natural Resources conducts various wetland-related activities associated with state wildlife goals and actions. Isolated wetlands in West Virginia are considered “waters of the state” in West Virginia and are regulated according to Section 401 standards.

Ohio River Valley Water Sanitation Commission

This act, established in 1948, is a compact between Kentucky, Illinois, Indiana, New York, Pennsylvania, Ohio, Virginia, and West Virginia. This interstate agreement establishes a commission to monitor and regulate the quality of the rivers, streams, and waters of the Ohio River Basin. The commission informs and aids in policy for regulating these waters.

Wisconsin Environmental Regulations

Wisconsin Wetlands Permitting

Discharges and placement of dredged or fill material into a wetland must be authorized by a general wetland permit or individual permit issued by the Wisconsin Department of Natural Resources. Any federal permits or authorizations required by the U.S. Army Corps of Engineers need to be obtained in addition to receiving a permit from the Wisconsin Department of Natural Resources. Suppose the Department of Natural Resources issues an individual permit to a public entity. In that case, mitigation may not be required unless the discharge authorized by the permit will result in a permanent fill of more than 10,000 square feet of wetland.

Wisconsin Act 395

In 1987, this legislation conveyed the state's approach and commitment to historic preservation. The act created the Wisconsin State Register of Historic Places, whose criteria mirror the National Register. The act also contains provisions for reviewing the state's long-range building plans regarding historic properties under the state's control.

The Great Lakes Compact

The compact bans diverting waters from the Great Lakes Basin unless necessary cause. This rule also requires states to establish a state-specific regulatory program to aid basin management.

The eight Great Lakes states, the United States Congress, and President Bush approved this compact in 2008. This compact between Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin. Additionally, this rule is a binational agreement with Canadian provinces Quebec and Ontario.

Wyoming Environmental Regulations  

        

Water Quality Rules and Regulations: Wyoming Surface Water Quality Standards

These standards protect and restore Wyoming’s surface water by including designated uses, water quality criteria, and antidegradation provisions. The standards are developed to be consistent with the federal Clean Water Act and the Wyoming Environmental Quality Act.

Wyoming Wetlands and Waters Protection

Wetland protection in Wyoming is primarily provided under the state’s water quality rules and regulations and the Wyoming Wetlands Act (WWA). The Wyoming Department of Environmental Quality (WDEQ) administers these programs, with Section 401 certification being the primary form of state-level wetland regulation.

Wyoming Wetlands Act. The Wyoming Wetlands Act is a notification program for draining wetlands over five acres. It applies to any “naturally occurring or man-made wetland, or any series thereof, which has an area comprising five acres or more.” The act requires that a party wishing to drain a wetland submit the appropriate paperwork to WDEQ. There is no application or approval process. The act also established a mitigation banking program.

Bear River Compact

This compact between Idaho, Utah, and Wyoming became effective in 1958, allowing the states to manage and apportion the waters of the Bear River. The primary purposes of this compact include:

• Removing any controversy over the distribution and use of the waters of the Bear River

• Providing efficient use of the water for multiple purposes

• Permitting additional development of the water resources of the Bear River

• Promoting interstate comity