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in the evaluation of a permit for activities that may affect a wetland area. 10 / 

 One group of wetland scientists made the following observation: 



An area can be considered a wetland when its value to society 

 as a wetland is higher than when it is used for any other purpose. 



If wetlands are appreciated only for their dollar value then 

 most of these areas might rapidly disappear to take the form of 

 housing developments, dumping grounds for pollutants, filled land, 

 etc. This definition points out sharply that no one factor, neither 

 dollar value nor soils characteristics nor biology, should be used 

 to define wetlands. 11 / 



Defining wetland areas is still a difficult legal and regulatory problem. 

 In a 1981 U.S. District Court decision in Louisiana, the court was asked to 

 determine what is a wetland. 12 / The judge considered wetlands based on three 

 characteristics: frequency of inundation, soil type, and plant type. Of par- 

 ticular importance is that the judge determined that if water tolerant plants 



10 / 33 C.F.R. 320.4. Recognized functions, "important to the public 

 interest," include: 



(i) Wetlands which serve important natural biological functions, 

 including food chain production, general habitat, and nesting, spawning, 

 rearing and resting sites for aquatic or land species; 



(ii) Wetlands set aside for study of the aquatic environment or as 

 sanctuaries or refuges; 



(iii) Wetlands the destruction or alteration of which would affect 

 detrimentally natural drainage characteristics, sedimentation patterns, 

 salinity distribution, flushing characteristics, current patterns, or 

 other environmental characteristics; 



(iv) Wetlands which are significant in shielding other areas from 

 wave action, erosion, or storm damage. Such wetlands are often 

 associated with barrier beaches, islands, reefs and bars; 



(v) Wetlands which serve as valuable storage areas for storm and 

 flood waters; 



(vi) Wetlands which are prime natural recharge areas. Prime re- 

 charge areas are locations where surface and ground water are directly 

 interconnected; and 



(vii) Wetlands which through natural water filtration processes 

 serve to purify water. 



11 / Helfgott, T.B., et al. Island wetland definitions. In Proceedings: 

 Third Wetlands Conference. Report No. 26. Storrs, University of Connecticut, 

 Institute of Water Resources, 1976. p. 11. 



12 / Avoyelles Sportsmen's League v. Alexander, 511 F. Supp 278 (W.D.La. 

 1981). 



