The Register-Guard, Eugene, Oregon, Wednesday, May 15, 1991
By The Associated Press
WASHINGTON -- The Bush administration is considering a revision of the
government's official definition of "wetlands" that environmentalists
charge would eliminate protection for millions of acres of vulnerable
wildlife habitat.
A draft of the new document, made available to The Associated Press by an
administration official on Tuesday, says the previous definition "grossly
exaggerated" the country's real wetlands, mostly by not requiring that
they be very wet.
The definition, contained in an interagency wetlands manual that took
effect in March 1990, upset landowners and developers who found that they
needed government permits to build on land they did not consider wet.
"Some owners of apparently arid land have been confused if not outraged,"
EPA Administrator William Reilly said when asked about the new draft.
Reilly said the uproar "created an untenable problem" for administering a
program intended to protect precious swamps, bogs and marshes that are
vital for flood control and wildfowl habitat.
Reilly said the EPA's draft for a new manual was sent to the White House
on May 6 for review by the Office of Management and Budget. The review is
expected to take a few weeks.
One of the key changes involves the question: How wet is a wetland?
The current definition says water must come within 18 inches of the
surface for at least seven days of the growing season.
The draft would be stricter, requiring that land be inundated or saturated
all the way to the surface for at least 14 consecutive days in the growing
season.
The Izaak Walton League, a conservation group, objected to the change.
Linda Winter, the group's director of wetlands programs, said a
scientifically sound definition for a wetland "is being thrown out and
ignored for political reasons."
The result is likely to be that "whole groups of wetlands will be
deleted," she said. "We need to say enough is enough. We can't afford to
lose any more of these wetlands."
Reilly said he could not confirm estimates that 4 million to 10 million
acres would no longer be considered wetlands under the new definition.
"I don't think anyone involved in the program could make an estimate," he
said. "We did not intend to add or subtract from the genuine wetlands of
the United States."
The Fish and Wildlife Service has estimated that about half of the
original wetlands in the continental United States have been destroyed in
the past 200 years.
Swamps, marshes and bogs used to be considered wasteland, and the
government encouraged draining them for farming or development.
However, under the 1974 Clean Water Act, the owner of land classified as
wetland needs a permit from the federal government to build on it. The law
generated little controversy until the 1990 manual was issued, covering
much property that people had not considered wetlands before.
"It's just a program that's out of control," said Bernard Goode, former
official of the U.S. Army Corps of Engineers who helped draft the 1990
definition.
"Had I known then what I know now, I would have insisted that there be
more surface water for there to be a wetland," Goode said. "Areas that no
one in their right mind would call a swamp, a bog, a marsh, are being
called federal wetlands."
Source: The Register-Guard, Eugene, Oregon, May 15, 1991