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decisions and judicial rulings under very general statutory authority — authority that does not mention the 

 word "wetlands." 



NASDA, therefore, believes that in order to protect wetlands and preserve private property rights, the 

 following modifications must be made to section 404 during the Clean Water Act reauthorization. 



Wetland Definition and Delineation — Wetlands should be defined as lands which have a predominance 

 of hydric soils and which are inundated by surface water at a frequency and duration sufficient to support, 

 and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in 

 saturated conditions. This definition generally includes swamps, marshes, bogs, and similar areas. 



In implementing this definition, rules should be established to delineate such wetlands, which — 



• result in the delineation of lands as wetlands only if clear evidence of wetlands hydrology, 

 hydrophytic vegetation, gad hydric soils are present during the period in which such delineation 

 is made; 



• result in the classification of vegetation as hydrophytic only if such vegetation is more typically 

 adapted to wet soil conditions than to dry soil conditions or is equally adapted to wet or dry soil 

 conditions; 



• result in the classification of lands as wetlands only if some obligate wetlands vegetation is 

 found to be present during the period of delineation; 



• result in the conclusion that wetlands hydrology is present only if water is found to be present 

 at the surfece of such lands for at least 21 consecutive days during the growing season (defined 

 as the period between the average date of the last firost in the spring and the average date of 

 the first firost in the autumn) in which such delineation is made and for 21 consecutive days in 

 the growing season in a majority of the years for which records are available; and 



• does not result in the classification of lands as wetlands that are temporarily or incidentally 

 created. 



For the purpose of delineating wetlands, normal circumstance should be determined on the basis of the 

 fectual circumstances in existence at the time the delineation is made. 



Classification System — In order to preserve and protect truly valuable wetlands, a classification system 

 should be developed for lands which meet the above definition. The system could restrict activity on high 

 value wetlands, allow for permitted activities on moderate value wetlands, and exempt low value wetlands 

 from regulations. In cases where economic production is denied on a class of wetlands, compensation 

 should be provided to the land owner. 



The category of wetlands statutorily exempt from regulations should include: 1) land that was both 

 manipulated and cropped before December 23, 1985 (prior converted cropland), 2) wetlands that serve 

 limited wetlands functions, and 3) insignificantly small wetlands. 



Normal Farming Practice Exemption — Current law allows normal fiirming practices on wetlands without 

 a section 404 permit. That "normal forming practice" exemption should be clarified to mean normal 

 ongoing practices as defined by the Secretary of Agriculture, in consultation with the Cooperative 



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