Federal Register / Vol. 56. No. 157 / Wednesday. August 14. 1991 / Proposed Rules 



40451 



hydrophytic vegetation, hydric soil, and 

 wetland hydrology. Further, this manual 

 applies to areas that are vegetated by 

 erect, self-supporting vegetation (e.g.. 

 vegetation extending above the water's 

 surface in aquatic areas or free-standing 



on soil]. 



Vegetated weUands identified by this 

 manual are a subset of areas regidated 

 as "Waters of the United States" under 

 section 404 of the Clean Water Act, and 

 one of the areas regulated as "special 

 aquatic sites" under the section 404(b)(1) 

 Guidelines promulgated by the 

 Environmental Protection Agency. Other 

 "special aquatic sites" include mudflats, 

 vegetated shallows, coral reefs, riffle 

 and pool complexes, and sanctuaries 

 and refuges. Open water areas are also 

 part of the "Waters of the United 

 States." 



Vegetated wetiands identified by this 

 manual are also a subset of those areas 

 designated as weUands under the FWS's 

 "Classification of Wetlands and 

 Deepwater Habitats of the United 

 States." The FWS definition of wetland 

 is used for National Wetlands Inventory 

 and is nonregulatory in nature. The only 

 differences between wetlands identified 

 by FWS and this manual are those 

 aquatic areas 6.6 feet or less in depth 

 that do not contain emergent vegetation, 

 or are imvegetated. Such areas are 

 identified as wetlands under the FWS 

 system, but not imder the manuaL 

 However, there are few if any areas 

 covered by the FWS classification 

 system that are not covered under 

 section 404. For vegetated wetlands, the 

 FWS classification system and this 

 manual are essentially identical. Ninety- 

 four percent of all FWS-classlfied 

 weUands in the coterminous United 

 States are vegetated. 



The emphasis of this manual is on the 

 boundary between wetland and upland, 

 since that is the area most often in 

 question and where determinations and 

 delineations become most difficult 

 However, wetland determinations in 

 lower wetter areas are generally easy to 

 make and seldom in question from a 

 regulatory standpoint since both 

 wetland and open water are regulated 

 areas. Generally, as one moves from 

 areas with standing water to dry upland 

 areas, it is those lands at the margin that 

 are most difficult to distinguish. This 

 manual recognizes this fact and requires 

 less rigorous investigation in obvious 

 wetiand situations than in areas which 

 may be questionable. In either situation, 

 however, documentation supporting a 

 delineation is required. 



The definitions of weUands used for 

 section 404 of the Clean Water Act and 

 the Swampbuster provision of the 1985 

 Food Security Act, as amended, are 



specific to vegetated wetlands or 

 weUands that are vegetated under 

 normal circumstances. These are the 

 weUands to which the manual applies. 

 This manual provides for the consistent 

 identification and delineation of these 

 weUands in the field. Because this 

 manual was developed to resolve 

 differences in identifying weUands 

 under these definitions, it is limited to 

 vegetated weUands and does not 

 address nonvegetated weUands. 



WeUand determinations made 

 Uu'ough the use of this manual for the 

 purposes of determining Federal 

 weUand jurisdiction at a site are subject 

 to modification in accordance with legal 

 and policy considerations of the 

 applicable regulatory program. For 

 example, section 404 regulatory 

 jurisdiction in weUands is limited to 

 areas that are waters of the United 

 States because they have a cormection 

 with interstate or foreign commerce. 

 Another example is the application of 

 Federal weUand jurisdiction on cropland 

 which is subject to agency policy-based 

 interpretations of such matters as the 

 relative permanence of the cropping 

 disturbtince and its effect of hydrophytic 

 vegetation and/or weUand hydrology. 

 Such matters generally are not 

 addressed In this manual; rather, the 

 appropriate agency policy should be 

 consulted in conjimction with the 

 manual for weUand determinations in 

 such areas. 



Any landowner whose land has been 

 delineated a weUand after the revised 

 manual is proposed but before the 

 proposed revised manual becomes final 

 may request a new delineation following 

 publication of the final revised manual. 

 However, final actions, such as permit 

 issuances or completed enforcement 

 actions, already taken or weUands 

 delineated under the 1989 manual will 

 not generally be reopened. 



Summary of Federal Definitions 



The CE, EPA and SCS weUand 

 definitions include only areas that are 

 vegetated under normal circimistances. 

 while the FWS definition encompasses 

 both vegetated and nonvegetated areas. 

 Except for \he FWS Inclusion of 

 nonvegetated areas and aquatic beds in 

 shallow water as weUands and the 

 exemption for Alaska in the SCS 

 definition, all four weUand definitions 

 are conceptually the same: they aU 

 include three basic elements — 

 hydrology, vegetation, and soUs — ^for 

 identifying weUands. 



Part n. Mandatory Technical Criteria for 

 Vegetated WeUands Identification 



WeUand hydrology is the driving force 

 of weUands. Vegetated weUands occiu- 



in shallow water, on permanenUy 

 saturated soils, or in areas subject to 

 periodic inundation or saturation where 

 anaerobic conditions usually develop 

 due to excess water. Certain hydrologic 

 conditions called "weUand hydrology" 

 therefore drive the formation of 

 weUands and continue to maintain 

 them. Permanent or periodic webiess is 

 the fundamental factor that makes 

 weUands different from uplands 

 (nonweUands). Although weUand 

 hydrology is the dominant force creating 

 weUands. long-term records for 

 hydrology typicaUy are not available for 

 identifying the presence of weUands or 

 for deUneating their upper boundaries. 

 ConsequenUy. other indicators 

 sometimes must be used to determine 

 whether an area meets the weUand 

 criteria. It has been long recognized that 

 various plants and their adaptations, 

 certain plant communities, specific soil 

 properties, and particidar soU types (e.g^ 

 peats, mucks, and gleyed soUs) can be 

 used to help identify weUands. In 

 addition, there are a number of 

 hydrologic indicators that can be used to 

 help identify weUands. 



Existing weUand definitions recognize 

 that weUands are driven by weUand 

 hydrology (permanent or periodic 

 inundation and/or soU saturation) and 

 that characteristic plants (hydrophytic 

 vegetation) and soils (hydric soUs) are 

 identifiable components of vegetated 

 weUands. This manual uses Uiese three 

 components as criteria for vegetated 

 weUand identification. Field staff should 

 examine sites for indicators of 

 hydrophytic vegetation, hydric soils, and 

 weUand hydrology and document the 

 presence or absence of Indicators to the 

 extent practicable. At sites where 

 weUands are obvious due to the 

 overwhelming evidence provided by one 

 indicator (e.g., permanent standing 

 water), documentation of the other 

 indicators, while necessary, need not be 

 as intensive as in areas where weUands 

 are not so obvious. There are, however, 

 many other cases where, as one moves 

 toward the drier portion of the moistiu* 

 gradient, rigorous examination and 

 documentation of soil, vegetation, and 

 hydrology characteristics is necessary. 

 The fact that such weUands are harder 

 to Identify has no bearing on Uieir status 

 as weUands. 



Under natural, imdisturbed 

 conditions, vegetated weUands 

 generally possess three characteristics: 

 (1) Hydrophytic vegetation. (2) hydric 

 soUs. and (3) weUand hydrology. These 

 characteristics and their technical 

 criteria for identification purposes are 

 described in the foUowing sections. The 

 Uu-ee technical criteria and their 



