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Wetland
Protection Summary: Ohio
Name
of State Statute: Ohio Revised Code Chapter
6111, Permits for Impacts to Isolated Wetlands
The primary agency for reviewing permit applications
and corresponding with the public regarding wetlands
is the Ohio Environmental Protection Agency (OEPA).
OEPA implements both the CWA section 401 water quality
certification program and the Ohio Isolated Wetlands
permit program.
Wetland
definition and delineation:
" Wetlands" means those areas that are
inundated or saturated by surface or ground water
at a frequency and duration that are sufficient
to support, and that under normal circumstances
do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions. "Wetlands"
includes swamps, marshes, bogs, and similar areas
that are delineated in accordance with the 1987
United States Army Corps of Engineers wetland delineation
manual and any other procedures and requirements
adopted by the United States Army Corps of Engineers
for delineating wetlands. (Ohio Revised Code Section
6111.02 (P) and Ohio Administrative Code 3745-1
02(B)(90)). "Isolated wetland" is defined
in ORC 6111 as "a wetland that is not subject
to regulation under the Federal Water Pollution
Control Act." The OEPA has adopted a field
assessment method to assign wetlands into categories
(low, medium, and high quality wetlands).
Wetlands
regulated:
All wetlands in Ohio are regulated regardless of
size, either through general permits or individual
permits. Where the Corps issues a nationwide permit
authorization or an individual permit under CWA
section 404, OEPA issues section 401 water quality
certifications that apply conditions to many of
the 404 permits. Where the Corps does not require
a section 404 permit, OEPA requires a general or
individual permit for discharges in these "isolated
wetlands." Projects in isolated wetlands that
are larger than .5 acre require an isolated wetland
individual permit, and the level of scrutiny in
the review depends upon the size and category. Projects
in Category 1 wetlands that are smaller than .5
acre fall under a general permit. Projects in Category
1 wetlands that are larger than .5 acre or Category
2 wetlands that are larger than .5 acre but not
larger than 3 acres receive level 2 (slightly higher)
review, and larger Category 2 or any Category 3
wetlands receive level 3 review. Both level 2 and
3 reviews are open to a 20-day public comment period.
SWANCC
Fix:
Ohio enacted its Isolated Wetlands law in 2001 in
direct response to SWANCC. The law specifically
regulates those wetlands not subject to the Clean
Water Act, though the level one general permit review
is not considered as stringent as the pre-existing
CWA review.
Contacts:
Source of information: U.S. Army Corps of Engineers,
Buffalo District (http://www.lrb.usace.army.mil/orgs/reg/index.htm)
Type
of information: Public notices of 404 individual
permits
To get
added to the list: For hard copy, send request to
Tom Switala, USACA, Buffalo District, 1776 Niagara
St., Buffalo, NY 14207-3199. For e-mail, send request
to Susan.M.Polito@usace.army.mil.
Specify state.
Source
of information: Ohio Environmental Protection Agency
Type
of information: Public notices of isolated wetland
permits
To get
added to the list: Patti Smith, Clerical Supervisor,
Ohio EPA, DSW, Permits Processing Unit, P.O. Box
1049, Columbus, OH 43216-1049, (614)644-2156, pattismith@epa.state.oh.us.
See, http://www.epa.state.oh.us/dsw/401/401.html.
Exemptions:
http://onlinedocs.andersonpublishing.com/oh/lpExt.dll?f=templates&eMail=Y&fn=mainh.htm&cp=PORC/459c0/4607c/46095/4613c
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