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Wetlands

 

Are there wetlands on the property?

Sources to determine whether property has tidal or non-tidal wetlands:

Remote assessment can provide initial indication using hydrology resources and wetlands maps.

Actual jurisdiction is determined by the U.S. Army Corps of Engineers.

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 tidal and non-tidal wetlands. These state surface waters are also waters of the U.S. as described above. The Department also has jurisdiction over wetlands that are not hydrologically connected to surface waters, typically referred to as isolated wetlands.

  • In Virginia, the Virginia Marine Resources Commission has jurisdiction over state bottomlands, that is, lands below the mean low water or ordinary high water line.

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