Ch. 8— Limitations of the 404 Program for Protecting Wetlands • 179 



turbidity screening), violation of size/dimen- 

 sion limits placed on structures, and placement 

 of dredged and fill material. 



Inland States experienced greater problems than 

 coastal States, with more violations from dredging 

 than from fill or construction projects; more viola- 

 tions took place with individual permits than cor- 

 porate permits. 



Extent of Monitoring 



Districts differ in the amount of time and expense 

 they devote to monitoring of permitted activities 

 and enforcing of permit conditions. Some districts 

 undertake site investigations of all permitted devel- 

 opments at least once during construction and again 

 after completion of work, and they frequendy sur- 

 vey their jurisdictions for unpermitted activities. 

 Other districts are basically reactive in monitoring 

 and enforcement: if a violation is reported to district 

 personnel, it will be investigated; however, the dis- 

 trict does not search for violations itself. 



Corps districts were asked by the OTA survey 

 to estimate the percentage of permits field-checked 

 by Corps personnel and by personnel from other 

 agencies to monitor compliance with permit con- 

 ditions after a permit is granted. Estimates of the 

 percentage checked by Corps personnel ranged 

 from near to 100 percent, with an average of 56 

 percent. About a third of the districts said that they 

 check all permits. Several of these districts said that 

 a much smaller percentage are checked in detail, 

 however. Most major projects are checked period- 

 ically. 



Of the 16 districts estimating the percentage of 

 permits checked by other Federal agencies, esti- 

 mates ranged from 1 to 80 percent. All but three 

 districts estimated 10 percent or less, with most 

 estimates at 5 percent or below.'" 



Districts also were asked by the survey how and 

 how often wetland areas are monitored for viola- 

 tions. Districts use combinations of aerial surveys 

 and photography, autos, and boats. The frequency 

 of inspections varies gready with the district and 



'°EPA funding levels have enabled EPA personnel to review only 

 a small percentage of permits (10 percent in 1979), from J. A. Zinn 

 and C. Copeland, "Wedand Management," Congressional Research 

 Service, CP145I, 1982, p. 95. 



the type of wetland concerned. Roughly a third of 

 the districts do not have a specific program of mon- 

 itoring. Instead, they rely on reports of suspected 

 violations from citizens, organizations, and State 

 and other Federal agencies. In addition, monitor- 

 ing is done by Corps personnel in the course of per- 

 forming other duties — e.g., during inspection of 

 permitted projects for compliance. Personnel fly- 

 ing over an area for other reasons may also check 

 to see if unpermitted development activities are 

 occurring. 



About a fifth of the districts indicated that they 

 do not regularly monitor inland wedands but do 

 follow a monitoring schedule for wetlands located 

 adjacent to coastal or major riverine waterways, the 

 areas in which most development regulated by 404 

 occurs. Last, about half of the districts indicated 

 that they monitor all the wetlands in their jurisdic- 

 tions, often monitoring activities around coastal 

 areas or major streams more frequently. Frequency 

 of monitoring of the wedands near major waterways 

 by those districts with a monitoring program varies 

 from daily to once every few years. Most districts 

 monitor such areas several times a year. Those 

 districts that regularly monitor inland wedands usu- 

 ally do so on a yearly or multiyear cycle. 



As mentioned above, districts rely heavily on 

 non-Federal sources (private citizens, conservation 

 groups. State agencies) to report violations. In fiscal 

 year 1980, about 18 percent of all violations dis- 

 covered by the Corps were first reported by private 

 citizens and another 4 percent by environmental 

 groups (13). When asked by the OTA survey to 

 estimate the proportion of violations reported by 

 private citizens and organizations, estimates by dis- 

 tricts ranged from 5 percent to 95 percent, with a 

 mean of 40 percent. With reductions in the budgets 

 of State and Federal agencies, reliance on citizen 

 input is likely to increase. Such reliance does not 

 necessarily mean that districts are negligent in mon- 

 itoring. Citizen involvement varies according to 

 perceptions of wetlands and awareness of the 404 

 program. Different areas of the United States dif- 

 fer greatly in these respects. 



One source found the most effective monitoring 

 and enforcement efforts took place when State agen- 

 cies and Corps districts cooperated closely. "By 

 backstopping one another and by pooling resources, 



