Wetlands serve critical environmental functions including flood control, water filtration, groundwater recharge, and wildlife habitat. Under Section 404 of the Clean Water Act, anyone wanting to fill or dredge wetlands must obtain a permit from the U.S. Army Corps of Engineers. The EPA also has authority to veto permits.
A developer purchases 100 acres planning to build a housing subdivision. A wetlands survey reveals that 30 acres are classified as wetlands. The developer must apply for a Section 404 permit from the Army Corps of Engineers before filling any wetland areas.
The exam tests that the ARMY CORPS OF ENGINEERS issues wetlands fill permits under the CLEAN WATER ACT (not the EPA, though EPA has veto power). Remember: Army Corps = permits; EPA = veto authority.
Related Terms
Related Concepts
Zoning is the government's division of land into districts with specific permitted uses such as residential, commercial, industrial, or agricultural. It is the most common exercise of police power over private property.
A variance is an authorized deviation from the existing zoning ordinance granted to a property owner who demonstrates unique hardship. It allows a use or structure that would otherwise violate the current zoning rules.
A conditional use permit (also called a special use permit) allows a land use that is not automatically permitted by zoning but may be allowed under certain conditions. The use must be compatible with the surrounding area.
A nonconforming use is a property use that was legally established before a zoning change but no longer complies with the current zoning ordinance. It is commonly called a "grandfathered" use.
Building codes are government regulations that set minimum standards for construction, materials, design, and safety in buildings. They protect public health and safety by ensuring structures are built to acceptable standards.
Frequently Asked Questions
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