A contractor is building a house near a Louisiana wetland. The project requires disturbing 0.8 acres of land. What federal and state permits are likely required?
Correct Answer
C) Both LDEQ and Corps permits
Projects near wetlands typically require both Louisiana Department of Environmental Quality (LDEQ) permits and U.S. Army Corps of Engineers permits, regardless of acreage.
Why This Is the Correct Answer
Projects near wetlands require both LDEQ (Louisiana Department of Environmental Quality) permits for state environmental compliance and U.S. Army Corps of Engineers permits under Section 404 of the Clean Water Act. Both permits are required regardless of acreage because wetland proximity — not land area alone — triggers the dual-permit requirement.
Why the Other Options Are Wrong
Option A: No permits required for less than 1 acre
The claim that no permits are required for less than 1 acre is incorrect. While the EPA's stormwater NPDES permit has a 1-acre threshold for land disturbance, wetland-specific permits from both LDEQ and the Corps of Engineers are triggered by proximity to and disturbance of wetlands, not by a 1-acre minimum.
Option B: Only state LDEQ permit
Only a state LDEQ permit is insufficient. Federal jurisdiction over navigable waters and wetlands under the Clean Water Act requires an Army Corps of Engineers Section 404 permit for any discharge of fill material into waters of the United States, including wetlands.
Option D: Only federal Corps of Engineers permit
Only a federal Corps of Engineers permit is insufficient. Louisiana also requires state-level LDEQ approval for activities affecting state water quality, operating independently from (but in parallel with) the federal permitting process.
Memory Technique
Wetlands = Double Permits: State (LDEQ) + Federal (Corps of Engineers). Think 'Two Agencies, Two Permits' for any wetland work. The 1-acre rule applies to stormwater, NOT wetland permits.
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