United States Environmental Protection Agency Office of Water (WH-556F). Office of Wetlands. Oceans, and Watersheds (A-104F) EPA843-F-93-001o (March 1993 WETLANDS FACT SHEET # 15 Wetlands Categorization There has been interest over many years in revising the Section 404 regulatory program to base decisions more on the relative values of wetlands as determined in advance based on the type or condition of the wetland. In re- sponse, several approaches have been proposed to classify or "categorize" wetlands based on their relative value, with commensurate levels of regulatory protection assigned to each wet- land category. Issues Categorization proponents believe wet- lands regulation would be improved by focus- ing agency resources on protection of the most valuable wetlands, by providing greater consis- tency and predictability in the permit review process, and by reducing regulatory burden for activities in lower value wetlands. However, some have raised concerns that a hierarchical approach to wetlands protection may result in "writing off' low value wetlands and increas- ing the potential for wetlands "takings" claims for high value wetlands. Additional concerns include the inadequacy of objective methods for identifying and evaluating wetland func- tions and values, and the increased reliance that some approaches place on mitigation techniques (i.e., wetland restoration and creation), which are still relatively new and unproven. State experience also indicates that categorization pro- grams require substantial time and financial resources to implement Current Status Wetland values are currently assessed on a case-by-case basis in the Section 404 permit review process. The level of review an indi- vidual permit application receives is commen- surate with the significance of the environmen- tal impact, considering both the relative value of the wetland and the impacts of the proposed activity. For many in the regulated community, however, such an approach does not provide sufficient predictability and certainty. Efforts in the mid-1980's to categorize wetlands nation- Cattail ally were abandoned because of scientific un- certainties. A number of States (most notably, New York, Maine, Vermont, and Delaware) have applied or are considering a categorization ap- proach within their wetlands protection pro- grams. Alternatively, some states are establish- ing wetland categories as they incorporate wet- lands into their Water Quality Standards pro- gram. Categorization has worked most effec- tively in the context of local or regional water- shed planning initiatives where the relative value of wetlands within the context of a par- ticular watershed can be more accurately as- sessed. For more information: call the EPA Wetlands Hotline* at 1-800-832-7828. ------- |