State Wetland Protection 
With responsibility for wetland protection moving 
toward State administration of dredge and fill activ- 
ities, the future success of wetland preservation will 
depend upon the effectiveness with which the coastal 
States can deal with the conflicting pressures for 
development on one hand and environmental pro- 
tection on the other. Local governments view State 
intervention in land-use matters with equally as 
much disdain as States have viewed the intervention 
of the Federal Government. The extent to which the 
States will be able to manage and resolve the con- 
flicts and effectively protect wetland values is yet to 
be determined. 
Thirteen coastal States have laws specifically pro- 
tecting wetlands. The first was Massachusetts in 
1963. In addition, statutes in 17 coastal States pro- 
vide some measure of protection for wetlands as 
part of general environmental or land-use programs. 
The 13 States with direct wetland controls are: 
Connecticut, Delaware, Georgia, Maine, Maryland, 
Massachusetts, Mississippi, New Hampshire, New 
Jersey, New York, North Carolina, Rhode Island. 
and Virginia. States having broader multipurpose 
programs that include wetland protection compo- 
nents are: Alabama, California, Delaware, Florida, 
Hawaii, Maine, Maryland, Minnesota, New Jersey, 
North Carolina, Oregon, Rhode Island, South Caro- 
lina, Texas, Virginia, Washington, and Wisconsin.°* 
In some cases, States have both types of laws. 
Sample States which exercise control over the use 
of wetlands include: Wisconsin, which regulates wet- 
97 Environmental Law [nstitute, “Strengthening State Wetland 
Regulation,” Draft manuscript, Appendix A and B. Washington, 
D.C., 1977. 
State Statute 
Connecticut Coastal wetlands 
Delaware Coastal wetlands 
Georgia Coastal wetlands 
Maine Coastal wetlands 
Maryland Coastal wetlands 
Massachusetts Coastal wetlands 
Coastal and inland 
wetlands 
Mississippi Coastal wetlands 
New Hampshire 
New fersey 
New York 
North Carolina 
Rhode Island 
Virginia 
Coastal and inland 
weilands 
Coastal wetlands 
Tidal wetlands 
Environmental 
lands through its shoreland zoning act and dredge and 
fill permits in navigable waters; Oregon, where the 
State land use program is the vehicle; and Florida, 
where the Keys are under the protection of a critical 
area program. The South Carolina Coastal Act, 
adopted in May 1977, expressly provides a State 
permit program for wetlands as a key function of 
its coastal council. 
Eleven States provide for direct regulation of wet- 
lands under the State police powers, although there 
is a current trend to modify this power with more 
authority being claimed by local governments and 
municipalities. Generally, the statutes authorize a 
natural resource or water resource agency to issue 
permits for specific activities, according to criteria 
specified in the statute. Another approach, first 
undertaken by Massachusetts, is to issue administra- 
tive orders for specific wetland areas, designating 
what can and cannot be undertaken in a specific 
geographical region. If the order is determined by 
the court to constitute a taking of private property, 
the State acquires the property in fee under its power 
of eminent domain or acquires an easement for the 
area. 
Four States (Virginia, Connecticut, New York, 
and Massachusetts) rely on local governments to 
administer a permit program to regulate use of wet- 
lands in accordance with State guidelines for mini- 
mum standards. State standard-setting for local 
administration is also featured in the broader multi- 
purpose shoreland and coastal zone acts operating 
in a number of States which provide wetlands pro- 
tection, namely California, Maine, Minnesota, North 
Carolina, and Wisconsin. A listing of State coastal 
wetland laws follows: 
Citation 
Ch. 446, Sec. 22a—28 to 22a-31 
Title 7, Sec. 6601 et seq. to 
Sec. 45—136—45-147 
Title 38, Sec. 471 et seq. 
Title 12, Sec. 4751 to 4758 
Title 9, Sec. 9-101 et seq. 
Ch. 130, Sec. 105 
Ch. 131, Sec. 40 
49.-27-—3 et seq. 
483—A;1—a 
13:9A-2 
Sec. 25-9101 et seu. 
Conservation Law 
Coastal wetlands _ 
Coastal wetlands 
Coastal wetlands 
Coastal wetlands 
113-228 et seq. 
2-1—13 et seq. 
11-46.1-1 
62.1-13 et seq. 
IV—46 
