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Builders Blast Inconsistencies in Wetlands Regulation

“It is increasingly difficult to get a straightforward answer from either agency to questions as simple as which portions of your property are federally regulated wetlands and which are not,” said Rayburn. He also submitted written comments to the House Subcommittee on Water Resources and Environment for a hearing on March 27.

Frequently cited during the hearing was a recent report by the General Accounting Office concluding that the agencies have been irresponsible in their regulation of wetlands and waters of the U.S. under the Clean Water Act and documenting that the Corps districts’ regulatory practices are not even written down. (To read the report, click here and search for GAO-04-297 from February 2004.)

At the hearing, it was apparent that home builders and developers are not alone in their frustration over the lack of clear regulatory guidance from the agencies. The National Association of Flood and Stormwater Management Agencies, the Maryland Contractors Association, Bronco Construction and the American Farm Bureau Foundation for Agriculture voiced concern over the vagaries of the wetlands permitting process.

“The federal government’s approach to wetlands regulation is controversial and confusing and it is having a direct impact on my operation’s ability to remain a viable economic unit,” said Aldean Luthi, a corn and soybean farmer from Hancock, MN, and a member of the Stevens County Farm Bureau.

In his comments, Rayburn asked Congress to urge the EPA and the Corps to provide clear guidance to builders and developers on federal wetlands jurisdiction. In December, the two agencies announced their decision not to conclude a rulemaking process that would have done so.

To read the congressional testimony, click here. Under the Site Map, click on “Water Resources and Environment Subcommittee” and then click on “Hearings/Testimony” and follow the March 30 link to “Inconsistent Regulation of Wetlands and Other Waters.”

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