|
|
- Info
Wetlands: Mitigating and regulating development impacts. 2d ed
| Author: |
Salvesen, David |
| Date: |
[1994] |
| Periodical: |
The Urban Land Institute |
| Abstract: |
Since the first edition of this book was published in 1990, wetlands issues have remained in the national spotlight Pitched battles have been waged in Congress and the courts over the identification, regulation, and creation of wetlands, with neither side gaining much headway. Congress has avoided addressing the politically sensitive issue head-on. In fact, it temporarily set aside the controversy over the federal manual for delineating wetlands by asking the National Academy of Science to settle the issue. Meanwhile, the Clean Water Act awaits reauthorization. New wetland policy initiatives under both the Bush and Clinton Administrations changed the scope and reach of federal wetland regulations. Recent court decisions reaffirmed federal authority to regulate activities in wetlands but also defined the limits of such authority, by identifying for example, when government regulations constitute a taking of private property without compensation. Several states have launched new programs not only to regulate activities in wetlands, but also to provide incentives to protect and restore wetlands. Recognizing that regulations alone will not protect wetlands, many state and local governments have raised money to acquire and preserve wetlands as well. The concept of mitigation banking, long supported by developers, has gained greater acceptance among regulators. Several states have specifically authorized mitigation banks. The first entrepreneurial bank opened in 1993, and others are sure to follow. Mitigation banking will become more widespread once the institutional obstacles are overcome. Finally, numerous advances in creating and restoring wetlands have occurred, while recent studies have underscored the shortcomings and mistakes of previous mitigation efforts. The second edition provides an up-to-date analysis of federal and state programs to protect and restore wetlands. It reviews important recent court decisions, and cases still pending, affecting wetlands; adds several new examples of wetlands mitigation; and examines the promises and limitations of creating or restoring wetlands. |
|
