What constitutes a wetland?
Wetlands are determined by three factors: they must have hydric soils, wetland vegetation and soil saturation for at least five percent of the region’s growing period. How does one determine whether the three factors for a wetland are met? Owners should engage a wetland delineation specialist with specialized training in botany and geology to assess the three factors. Botany is critical because plant species typically determine the boundaries of a wet-land. Choosing an experienced specialist is important because he or she can resolve disputes quickly and save time. Do all wetlands that meet the criteria require a federal permit from the USACE to either fill them in or place a structure in their confines? Not necessarily. A wetland meeting the three criteria falls under federal jurisdiction if it has a hydrological connection to a surface water. But even if a wetland doesn’t have a hydrological connection to a surface water it may still fall under state jurisdiction as an ‘isolated’ wet
