February 06, 2023
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
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The United States Army Corps of Engineers (“Corps”) published a January 20th Federal Register Notice announcing the availability of the 2023 National Wetland Plant List (“NWPL”). See 88 Fed. Reg. 3729.
The Corps developed the 2023 NWPL as part of an interagency effort with the United States Environmental Protection Agency (“EPA”), United States Fish and Wildlife Service, and United States Department of Agriculture, Natural Resources Conservation Service.
The NWPL is used to determine whether the hydrophytic vegetation parameter is met when conducting wetland delineations under the Clean Water Act and the Wetland Conservation Provisions of the Food Security Act.
Wetlands are a subset of the Clean Water Act waters of the United States. Three criteria are required to be addressed in the Corps and other agencies’ delineation of wetlands:
- Wetland plants (hydrophytic vegetation)
- Wetland soil (hydric soil)
- Adequate water (wetland hydrology)
During a wetland delineation, a project area is surveyed to determine whether the three criteria are present.
The Federal Register Notice provides the opportunity to comment on the draft changes to wetland indicator status ratings for:
- Isocoma menziesii (Region Arid West)
- Populus fremotii (Region Arid West)
The Corps is also accepting comments on a proposal to move from a two-year update cycle to a three-year update cycle for the NWPL.
A copy of the Federal Register Notice can be downloaded here.
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