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Water quality law and silviculture: a status update for the South

Author: Moffat, S.O.; Speir, J.
Date: [N.d.]
Periodical: On file with: The Southern Center for Wildland-Urban Interface Research and Information, Bldg 164, Mowry Rd, Gainesville, FL 32611
Abstract: Federal and state water quality laws pertaining to silviculture in the thirteen southern states were examined to make sense of what is a confusing body of legislation and voluntary programs. Two federal laws, The Clean Water Act (The Federal Water Pollution Control Act of 1972) and amendments to The Coastal Zone Management Act mandate a variety of actions that affect silviculture. Under The Clean Water Act, these include the development of individual state best management practices (BMPs) as part of area wide planning and enforcement provisions for nonpoint programs (§319); wetlands protections (§404); and total maximum daily load (TMDL) provisions (§303(d)). Silviculture is further addressed under §6217 of the Coastal Zone Act Reauthorization Amendments of 1990. Additionally, the states also address silviculture under their own water quality laws. Finally, downstream users adversely impacted by upstream events may hold "bad actors" liable under nuisance provisions in civil and common law.


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