Wetlands

Policy

A goal of the Ohio Department of Natural Resources is to retain the state's remaining wetlands and to restore and create wetlands in order to increase Ohio's wetland resource base. The Department will therefore use its utmost influence to preserve and protect wetlands from damaging misuses. Consistent with provisions in Ohio Water Quality Standards (Chapter 3745-1-05 Ohio Administrative Code, Antidegradation Policy), the Department will work in partnership with the Ohio Environmental Protection Agency to protect wetlands as state-resource waters. It is the Department's goal to disallow harmful alterations in the natural flow of water that nourishes wetlands and to protect wetlands from alteration by dredging, filling or draining, solid waste disposal, direct and indirect effects of construction activities, siltation, or the addition of pesticides and other pollutants arising from point and nonpoint sources of pollution.

Procedure

The Wetland Resource

Wetlands are ecosystems of unique and major importance to the people of Ohio. Wetlands are critical natural resources because of their many beneficial functions, their importance to many wildlife species, and their fragile physical and biological interconnection with other land and water resources. They have become so diminished through destruction, alteration, pollution and other activities of man that their benefits to man and the natural environment are being lost.

Definition of Wetlands

"Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas." 33 C.F.R. 328.3(b); 40 C.F.R. 230.3(t).

In identifying and delineating wetlands, ODNR will utilize a multi-parameter approach which examines vegetation, soils, geology and hydrology. Potential atypical circumstances (such as below normal precipitation, and recent human activities) will be investigated when any wetland indicator (hydric soils, hydrophytic vegetation) at an apparent wetland site is absent. Also, the relative permanence of natural or man-induced changes in the landscape will be considered. Sites with wetland vegetation and hydrology (other than from irrigation) that have not yet developed hydric soil characteristics shall be considered to have soils that are functioning as hydric soils, and will be identified as wetlands.

Beneficial Functions of Wetlands

Ohio wetlands serve as habitat for mammals, many species of fish, waterfowl and other birds, reptiles and amphibians, rare and endangered species and significant plant and animal associations. These areas moderate extremes in water flow, aid in the natural purification of water and maintain and recharge ground water. They are the feeding, resting, nesting, spawning and nursery areas for a great number of wetland-dependent species and other wildlife. They are significant recreational areas of incalculable aesthetic value, and contain delicate and irreplaceable types of flora and fauna. Wetlands directly and indirectly support hunting, trapping, fishing, nature study, wildlife observation, scientific research, and many other beneficial human uses.

Wetlands support adjacent or downstream ecosystems in addition to the complex web of life developed within the wetland environment itself. The nature of wetlands causes them to be vulnerable and fragile. When wetlands are destroyed, the environmental effects are not limited to the wetland area.

ODNR seeks to preserve, protect and restore Ohio's wetlands and the beneficial functions they perform with a comprehensive approach to land and water management, ODNR-sponsored developments, financial assistance, regulatory and environmental review activities, and public education.

Implementation

ODNR's wetlands conservation goal does not imply that alteration of individual wetlands will be avoided in every instance, nor that ODNR's preservation goal should be applied in every circumstance. ODNR acknowledges that programmatic implementation provides flexibility to accomplish wetlands conservation objectives on a watershed basis or within specific geographic or ecological contexts. The following provisions shall guide planning and decision making when ODNR projects or activities may affect wetlands resources:

1. ODNR's water resource developments and capital improvements will be planned and implemented with a clear preferred sequence of mitigation options that begins with avoidance of adverse impacts on wetlands and the reduction of unavoidable adverse impacts. Compensation measures for unavoidable impacts should be used only as a last resort. Opportunities for wetland restoration or creation will be identified and pursued.
2. Early in the planning process, ODNR will identify whether there are potential direct or secondary impacts upon wetlands. If wetlands would be affected by a proposed project, detailed planning and design will commence only after an alternative analysis has been completed including consideration of no action as an alternative. Unavoidable impacts upon wetlands will be assessed in terms of acreage, beneficial functions and ecological significance. Mitigation plans will be developed and implemented in order to achieve ODNR's goal of retaining wetlands and restoring and creating wetlands, as defined by acreage and function. Planning will include consultation among appropriate ODNR divisions and other resource and regulatory agencies. An environmental assessment of site suitability will be made prior to wetland development activities. Mitigation or compensation measures will be planned (and may be implemented in advance of project construction when desirable) concurrent with project planning and development. ODNR will utilize pre-bid and pre-construction conferences to advise contractors of measures necessary to protect wetlands including offsite impacts.
3. Funds for wetlands acquisition and protection will be a top priority in capital improvements budget requests. Where possible, ODNR will allocate funds from the various federal and state assistance programs for wetlands acquisition and restoration.
4. ODNR will not provide federal or state financial assistance for projects which may directly or secondarily degrade or destroy wetlands, unless the sequence of mitigation options described above is followed. There must be no reasonable alternative to the project (including no action) and the project must include all practicable measures to minimize adverse impacts to wetlands, including compensation measures. Decision making will consider ODNR's overall goal of no net loss of wetlands. Each division and office will take appropriate steps to incorporate this policy in procedural guides and other documents and materials which provide guidance to grant applicants and recipients of state assistance.
5. The agencies administering ODNR regulatory programs will, to the extent permitted by law, avoid unnecessary wetlands damages or losses which may occur as a consequence of a regulated activity (such as mineral extraction activities or construction) and will develop policies and procedures which encourage wetland creation as a part of project plans. To the extent possible, discretionary authority will be exercised and variances to normal standards will be granted if such action will avoid the loss or degradation of wetlands. Regulatory agencies will first seek to avoid impacts to wetlands, and second, will attempt to mitigate unavoidable losses. Each division which has regulatory responsibilities will act affirmatively to develop or modify administrative policies and procedures and promulgate rules which may be necessary to implement this policy.
6. Land managing divisions will act affirmatively to manage wetlands which occur on ODNR property in order to preserve and enhance their beneficial functions. ODNR offices and divisions will cooperate with one another and with other governmental and independent agencies to meet ODNR's goal and accomplish the objectives of applicable plans and programs. These include, but are not limited to, the North American Waterfowl Management Plan, The Statewide Comprehensive Outdoor Recreation Plan, Natural Areas and Scenic Rivers Preservation, Nongame and Endangered Species Management, and Floodplain Management. Wetlands will be inventoried and delineated in master plans and land management plans. Recreational uses and facility developments on or adjacent to any wetland will be controlled to protect the beneficial functions of the wetland and ensure its long-term productivity.
7. In considering the acquisition of property, disposal of surplus property or granting of any lease, license or other interest in state property, ODNR will determine whether wetlands may be affected by the proposed action. To the extent permitted by law, all necessary steps will be undertaken to protect existing wetlands, restore wetlands, and otherwise implement this policy.

Divisions and offices within the Department will work collaboratively to effect this directive to the maximum extent of authority in all program activities, planning, research, technical assistance, cost-sharing projects with other agencies, public education and the dissemination of information related to Departmental activities.