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Wetlands

Are there wetlands on the property?

Sources to determine whether property has tidal or non-tidal wetlands:  Advisory » The only way to know for certain if a parcel contains regulated wetlands/waters is to obtain a written wetland delineation confirmation/jurisdiction determination from the US Army Corps of Engineers. Typically, a landowner will hire a consultant to perform the delineation and obtain a delineation confirmation/jurisdiction determination from the US Army Corps of Engineers. While helpful, maps alone are insufficient to conclusively determine the presence or absence of wetlands.

Remote assessment can provide an initial indication using
mapping resources including topographic maps, wetland maps,
soil maps, and hydrology maps.

The US Army Corps of Engineers is responsible for confirming
the presence and extent of wetlands on a parcel.

Federal, State, and Local Agency Jurisdiction

See Jurisdictional Boundaries illustration.

Different federal, state, and local agencies have jurisdiction over different types of wetlands. The following list generally describes the jurisdictional divisions:


  • The U.S. Army Corps of Engineers has jurisdiction over waters of the U.S. (surface waters that involve interstate commerce, their tributaries, and tidal and non-tidal wetlands adjacent and connected to these waters).


  • In Virginia, the Department of Environmental Quality (DEQ) has jurisdiction over state surface waters including all tidal and non-tidal wetlands, including those which the Corps does not, such as Isolated Wetlands. These state surface waters are also waters of the U.S. as described above.
    See DEQ's Tidewater Regional Office for more information.


  • In Virginia, the Virginia Marine Resources Commission (VMRC) has jurisdiction over state owned subaqueous bottom, that is, lands below the mean low water or ordinary high water line and tidal wetlands.  In Chesapeake, the Local Wetlands Board is authorized by VMRC to regulate activities in tidal wetlands on VMRC's behalf.

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graphic - Click on  right arrow  for next page.Wetlands Permitting