Because water can sometimes only be present just under the surface and not immediately visible.

Or a wetland may experience seasonal or tidal inundation that wouldnt be apparent from one visit.

Instead look for a combination of physical, chemical, and biological characteristics that indicate wet areas.

• hydrological indicators that are observable for most of the year

• hydrophytes- wetland plants tolerant of inundated soils.

• hydric soils- wetland soils (show characteristics of anoxic conditions)

• standing water/water-logged soils

• anoxic conditions

• plants and animals adapted to or tolerant of standing water or saturated soils

• bogs are freshwater wetlands characterized by spongy peat deposits, a growth of evergreen trees and shrubs, and a floor covered by a thick carpet of Sphagnum moss. These systems, whose water source is primarily rainwater, are usually found in glaciated areas of the northern United States.

• fens-are groundwater‐fed peat forming wetlands covered by grasses, sedges, reeds, and wildflowers. Willow and birch are also common.

• Mangrove Forest

• Marsh

• or Cypress Swamp?

• It has a dome-like appearance because the tallest trees grow in the deepest water

• smaller trees grow in the shallower water on the outside of the depression

System-Subsystem Types:

• Marine - • Subtidal ‐ substrate continuously submerged by tides

     • Intertidal ‐ substrate alternately exposed and flooded by tides

• Estuarine - • Subtidal ‐ substrate continuously submerged by tides

        • Intertidal ‐ substrate alternately exposed and flooded by tides

• Riverine -  • Tidal ‐ low gradient, water under tidal influence; streambed mainly mud, some sand.

                   •  Lower perennial ‐ low gradient, slow water velocity, no

tidal influence; sand and mud substrate; well developed floodplain.

                    •  Upper perennial ‐ high gradient and velocity; rock, cobble or gravel substrate;

                        little or no floodplain, high DO

                     • Intermittent ‐ nontidal flowing water only part of the year

• Lacustrine - • Limnetic ‐ all deepwater habitats (> 2m) within Lacustrine system.

          •  Littoral ‐ all wetland habitats within Lacustrine system from shore to depth of 2 m or maximum extent of non‐persistent vegetation.

• Palustrine - No Subsystems!

Tidal:

Subtidal – permanently flooded

Irregularly Exposed – substrate exposed by tides less often than daily

Regularly flooded – tides alternately flood and expose substrate at least once daily

Irregularly flooded – tide floods substrate less often than daily

Non‐tidal:

Intermittently flooded – substrate usually exposed, but surface water present for

variable periods w/out seasonal periodicity

Temporarily‐flooded – surface water present for brief periods during the growing season;

otherwise water table usually well below the soil surface

Saturated – soil saturated for extended periods during growing season, but not flooded

Seasonally‐flooded ‐ surface water present for extended periods, especially early in the growing season, but absent by end of the season most years

Seasonal/Saturated – surface water present for extended periods, especially early in the growing season; remains saturated most other times

Semi‐permanently flooded – surface water persists throughout the growing season in most years; exposed only briefly during the growing season in some years

Intermittently exposed – surface water present throughout the year; exposed only during years of extreme drought

Permanently flooded – covers land surface throughout the year in all years

Artificially flooded – amount and duration controlled by humans

• Geomorphic setting - Riverine, depressional, lacustrine fringe, coastal, flats, sloped, extensive peat.

• Water sources -  Precipitation, Groundwater discharge,  Surface Inflow

• Hydrodynamics - Vertical fluctuation, Unidirectional flow,  Bidirectional flow

• Hue - color wavelength of light Each color page represents a wavelength of color, represented

by a spoke on the color wheel.

• Value - On a neutral gray scale, a value of 10 indicates pure white, and value of 0 indicates

pure black. Value runs north‐south (Vertical) on the Munsell page. All chips in a row

have equal value.

• Chroma - refers to the relative purity or strength of the spectral color. Chroma runs from 0

(neutral gray) to 8 (highest strength of color found in soils).

Caddisfly Cases/Aquatic Snail Shells/Fingernail Clam Shells,

Drainage Patterns on ground,

Scoured Areas,

Drift Lines/Debris Deposits,

Water-stained Leaves,

Water Marks,

Direct Observation of Flooding,

and Hydrological Records.

Fluted Trunk/Shallow Root System,

Adventitious Roots (above ground),

Aerenchyma (Air Cells),

Hypertrophied (oversized) Lenticels.

• Obligate Wetland Plants (OBL) …are species that almost always occur in wetlands (estimated probability >99%)

• Facultative Wetland Plants (FACW) …usually occur in wetlands (estimated probability 67‐99%) but are occasionally found in uplands

• Facultative Plants (FAC) …are equally likely to occur in wetlands or uplands (estimated probability 34‐66%)

• Facultative Upland Plants (FACU) …seldom occur in wetlands (estimated probability 1‐33%)

• Upland Plants (UPL) …rarely occur in wetlands (estimated probability <1%

Functions: Natural processes that occur in wetlands.

Values: Why wetlands are considered important

Should be considered together. Can’t have one without the other cause all the functions are valuable.

• Flood storage (reduces flood peaks)

• Velocity reduction (reduces flow)

• Desynchronization (staggers flood peaks)

An area isolated from the water table or subterranean aquifer by a blocking layer of sediment.

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When a wetland is only able to provide groundwater reacharge during a flood event that pushes the water beyond the impermeable sediment layer.

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• Stabilize or “anchor” shorelines

• Dampen waves

• Reduce current velocity

• Intercept water

Wetlands remove pollutants (• Toxic materials • Nutrients • Sediment) using several processes (• Physical • Chemical • Biological).

• Sediment Removal – Settling

         – Trapped by plants

• Pollution Removal (pesticides, heavy metals, etc.)

– Toxins bound to sediments

• Biochemically transformed

• Buried in peat

– Anaerobic conditions

• Spawning areas

• Nursery habitat

• Cover

• Food chain support

• Maintenance of proper hydrology

• Maintenance of water quality.

• Breeding areas

• Foraging areas

• Shelter

• Over‐wintering areas

• Migratory routes

• Food chain support

• Maintenance of water supply

• Maintenance of water quality.

Characteristics that determine wildlife = • Diversity of wetland classes • Interspersion of vegetation and open water • Diversity of vegetation (vertical and horizontal) • Surrounding habitat • Scarcity • Special habitat features

Ecological Integrity- the long term capability of the ecological community to sustain its composition, structure, and function. i.e. its resiliency to stress

Ecological condition-current ecological status of an ecosystem within its ecological setting, in terms of its biophysical characteristics relative to a reference standard condition.

• Landscape‐based Assessment- Level 1- based on GIS data, scale dependent, focuses on patch sizes

• Rapid Assessment Method (RAM)-Level 2- site-based, wetland-based, quick & simple, allows for broader coverage

• Intensive Assessment-

• –  Generally site‐based

• –  May include some assessment of surrounding landscape

• –  Detailed assessment may require multiple visits

• –  Typically requires experts

• –  May require expensive analyses

• –  Intensity of assessments limits number of sites

– Hydrogeomorphic Method

– Indices of Biological Integrity (IBIs)

– Generally site‐based

– May include some assessment of surrounding landscape

– Easy to implement in the field

– Quick assessment (< ½ day)

– Simple and rapid allowing broader coverage

– Generally wetland‐based

Cons: Not thorough and may miss important details.

Originally, the US saw all wetlands as useless areas to be converted through drainage and filling.

The Swamp Land Act of 1849 gave states the rights over wetlands and encouraged the reclamation of these areas through draining and filling.

However, this set up people that bought those lands later to experience disaster during extreme weather events and they called on the government to step in to protect them.

So though the government had originally given the states these rights to avoid costs of dealing with wetlands, they ended up having to anyway.

Swamp Act set the precedent of not protecting wetlands and more acts followed until the 70s.

• Recognize importance of wetlands for migratory birds

• Strengthen national programs = international agreements take precedence

• Degradation of bird habitats = violation of international agreement

1. To designate sites as wetlands of international importance

2. To apply a “wise use” concept to all wetlands in the Party’s territory

3. To engage in the international cooperation

Sustainable utilization for the benefit of human‐kind compatible with natural properties of the ecosystem

• “Benefit of human‐kind” ‐ directly linked with continued utilization by humans = “sustainable development”

• “Natural properties of the ecosystem” ‐ often requires conservation measures beyond the boundary of the wetland (i.e. continued supply of water in watershed)

 • Section 10: Authorizes the U.S. Army Corps of Engineers to regulate dredging and filling activities in navigable waters

• Section 13: Prohibits the deposit of refuse into navigable waters without a permit

• 1965: Fish & Wildlife Coordination Act amended to require Corps consultation with USFWS

• 1960s: Corps begins to control water pollution (authority was upheld by Zabel v. Tabb court decision in 1971)

 • Section 10: Authorizes the U.S. Army Corps of Engineers to regulate dredging and filling activities in navigable waters. Gave them to power of regulation as opposed to “finders keepers”.

• Section 13: Prohibits the deposit of refuse into navigable waters without a permit. First efforts to control pollution.

• There is no specific national wetland law in the US. All management and protection is a result of other laws combined and spread among many agencies.

• Wetlands have been managed under regulations related to both land use and water quality. As long as these are approached separately, there will never be a comprehensive management policy and it stems from a split in areas of study.

EPA Role:

• Sets environmental standards that projects must meet, referred to as 404(b)(1) Guidelines

• Defines exempt activities 404(f)

• Approval & oversight of state assumption 404(g)

• Veto authority 404(c)

USACoE Role:

• U.S. Army Corps is required to consult with: • U.S. Fish & Wildlife Service • National Marine Fisheries Service • State Fish & Wildlife agencies.

•  Prevent or reduce fish & wildlife impacts.

• 10th Amendment to the U.S. Constitution “The powers not delegated to the United States by the Constitution or prohibited by it to the States, are reserved to the States respectively, or to the people.”

• Commerce Clause “The Congress shall have power…To regulate commerce with foreign nations, and among the several States…”

• CWA would have no power over states on this issue if it was not defined as a matter pertaining to interstate commerce. Argue that unprotected waters can have negative effects on people between states. Ex. Pollute the water upstream in one state, makes farming more difficult in the state the water flows into.

Decided non‐navigable, isolated, intrastate waters not subject to section 404 of the CWA based solely on Migratory Bird Rule.

• Congress did not intend section 404 to cover such waters

• Supreme Court did not address: o Whether Congress had the authority to do so.

     o The extent of Congress’ intent.

“Significant nexus”

• –  Case‐by‐Case basis

• –  “wetlands possess the requisite nexus, and thus come within the statutory phrase ‘navigable waters,’ if the wetlands, alone or in combination with similarly situated lands in the region, significantly affect the chemical, physical, and biological integrity of other covered waters understood as navigable in the traditional sense.”

Nationwide/General permits ‐ available for classes of activities deemed by the ACOE to present minimal adverse effects

• do not require case‐specific review and can be issued at state, regional or nation wide levels

Individual permits ‐ considered on a case‐by‐case basis

• must comply with 404(b)(1) Guidelines

Category 1- ”self-verification”- project meets all conditions for general permit

Category 2- “pre-construction notification”- project does not meet conditions for a Cat. 1, it is reviewed to see if individual permit is required

Individual permit- if you don’t meet cat 1 or cat 2, this is usually for bigger projects

Goal: protect & restore 1 million acres of farmed & natural wetlands, prior‐converted croplands, & riparian corridors on private lands

Achieved through 30‐yr and permanent easements & cost‐sharing assistance for restoration activities

3 part test for “takings”:

• Loss of all or nearly all economic use of property

• Interfere with distinct investment‐backed expectations

• Character of the government action (advance a public good)

• Private & Public Water Supply

• Groundwater Protection

• Pollution Prevention

• Flood Prevention

• Prevention of Storm Damage

• Land Containing Shellfish

• Fisheries

• Wildlife Habitat

MA Dept. of Environmental Protection:

• Promulgate regulations, forms, procedures

• Establish policies & publish guidance documents

• Issue file numbers

• Hear appeals

• May intervene in local decisions via appeal

• Enforcement

Local (municipal) Conservation Commissions:

• Administer regulations

• Make decisions about jurisdictions (Determinations of Applicability)

• Review permit applications (Notices of Intent)

• Issue permits or denials (Orders of Conditions)

• Enforcement