CRS-108 



TABLE 3. State Wetland Programs (continued) 



State 



Coverage 



State/Local Role 



Program 



Virginia 



coastal 



Washington 



coastal 



State and local 

 regulation 



State regulation 

 and standards for 

 local regulation 



State permits required for activi- 

 ties in tidal wetlands; local units 

 may adopt ordinance contained in 

 the statute; State board reviews 

 certain local conditions; prior 

 non-conforming uses exempted. 



State adopts guidelines for local 

 programs for certain shorelines; 

 State may regulate if local unit 

 fails to do so in shorelines of 

 Statewide significance; State 

 directly regulates certain uses 

 of Statewide significance. 



Source: Adapted from: Kusler, Regulating Sensitive Lands, Appendix B: 

 Profile of Selected State Sensitive Area Regulatory Programs, 

 p. 175-184. 



Note: Kusler made judgments in deciding what programs to include. For 

 example, Minnesota and New York operate extensive freshwater wetland 

 programs which are not included. Other State programs may also affect 

 wetland management. Many States have programs to control uses in flood 

 plains. Because most wetland areas are in flood plains, these programs 

 influence State and local wetlands regulation. Several States have 

 critical area programs that may affect wetlands, depending on desig- 

 nation. These States include: Florida, Maine, Maryland, Minnesota, 

 Nevada, North Carolina, Virginia and Wyoming. 



When States have a permit program, the applicant may be confused by incon- 

 sistent State and Federal requirements or duplicative review procedures. If 

 an applicant must apply for both a Federal and a State permit, most States 

 will have two reviews, one for the application submitted to the State and the 

 second as part of the Federal permit review process. The Corps of Engineers 

 has apparently followed an unofficial policy of denying permits when the State 

 has objected to the permit application. However, the reverse has not been 

 true State approval of a permit does not automatically mean Federal approval. 



