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New Rules for Nationwides

New state recommendations concerning water quality review of a suite of permits known as the "nationwides" will both increase and decrease government regulation of activities taking place in wetlands. The nationwides are Army Corps permits that largely govern small maintenance or construction projects considered to be of relatively minor impact on wetlands and thus worthy of expedited permitting. To further expedite things, the State Water Resources Control Board recently recommended that 17 of the Corps' nationwides be certified as complying with all state and federal water quality standards. However, the Board is also recommending that an additional 22 nationwides be denied certification or certified with conditions and restrictions. Activities covered under these permits will still require individual review by the Regional Boards.

The nationwides proposed for certification cover activities such as the scientific measurement, surveys, and placement of navigational aids. According to the Board's Marla Lafer, the new rules will allow regulators to concentrate on activities that have more potential to cause environmental damage.

Among those nationwides denied state certification is the controversial permit 26. Under 26, fills of up to ten acres were exempt from most reporting and application requirements, while fills of less than one acre did not require notice to the Corps at all. New federal rules announced by the Corps in January reduce the thresholds to three acres and one-third acre, respectively, and will eliminate permit 26 entirely in two years. The denial of state certification means that although Bay Area developers will be able to bypass Corps review for small projects, they will still need permission from the S.F. Regional Board. The Corps' nationwide revisions are available on-line at http://www.wetland.usace.mil.

Contact: Marla Lafer (916) 657-0926

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