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Land Use Controls RegulationsEnvironmental_regulationsMEDIUM

A developer planned to place fill in a jurisdictional wetland connected to an adjacent creek in order to create a building pad for a retail project. What is the best statement about the federal permit issue?

Correct Answer

A) A Section 404 permit is generally required before discharging dredged or fill material into jurisdictional wetlands

Clean Water Act Section 404 generally requires a permit before dredged or fill material is discharged into waters of the United States, including jurisdictional wetlands. Local development approvals do not replace that federal requirement.

Answer Options
A
A Section 404 permit is generally required before discharging dredged or fill material into jurisdictional wetlands
B
Only a local building permit is needed because wetlands regulation is a purely municipal issue
C
A CERCLA release report replaces any separate federal water-permit requirement for the fill work
D
A zoning variance eliminates the need for federal wetlands review if the project creates jobs

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Related Topics & Key Terms

Key Terms:

wetlandssection_404fill_permitdevelopmentwaters_of_the_united_states
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