Preservation of Wetlands on the Federal-Ard Highway System

Public Roads, Jan, 2001 by Kirstyn White

Wetlands are vital natural ecosystems for a large variety of animals and plants, yet they are rapidly being converted or altered for other land uses. The Federal Highway Administration (FHWA) is committed to doing its part to ensure the protection and enhancement of wetlands. And FHWA's part is to make sure that no federally funded highway project or construction results in a net gain of wetlands.

This isn't always an easy role. A wide variety of biological community types are classified as wetlands, and therefore, it is difficult to get a clear consensus of what constitutes a wetland. Part of that difficulty arises from the fact that "wetland" has come to be a legal -- rather than a biological or ecological -- term.

The National Academy of Sciences Wetland Characterization Committee defined a wetland as "an ecosystem that depends on constant or recurrent, shallow inundation or saturation with water at or near the surface of the substrate." Common diagnostic features of wetlands are moist soils and aquatic vegetation. Fresh water and estuarine marshes, fens, bogs, prairie potholes, and swampy forests are all considered wetlands.

The value of wetlands has often been overlooked in the past. They are instrumental in reducing flooding by acting as reservoirs for rainwater and runoff, controlling erosion, and improving water quality. Wetlands help to improve water quality by acting as a natural pollution control. They remove nutrients, pesticides, and sediments from surface waters, and they can help in treating sewage and animal waste.

Wetlands are best known as nesting, breeding, and feeding grounds for millions of waterfowl, birds, and other wildlife. Wetlands have been called "the richest and biologically most productive habitats on Earth," They provide a habitat for half the fish, one-third of the birds, one-fourth of the plants, and one-sixth of the mammals on the list of threatened and endangered species in the United States.

In addition to all of this, wetlands provide humans with a place of beauty and recreation. Many people enjoy hunting, fishing, bird watching, and photography in wetland areas. Wetlands are special places, and they require a cooperative effort to preserve them for the future.

During the 1930s, public awareness about the value of wetlands grew due to endangered species activists and sportsmen. They recognized the importance of wetland ecosystems, and as a result, Congress enacted a federal law that required waterfowl hunters to purchase hunting permits, commonly called duck stamps. The proceeds from the stamps went directly toward purchasing wetlands for waterfowl habitats.

A major piece of legislation for wetlands protection came in 1972 as amendments to the Federal Water Pollution Control Act (FWPCA) of 1948. FWPCA began a long effort to reverse the trend of wetland loss and to clean up our lakes, rivers, and coastal waters. It also established new regulations for the discharge of pollutants into waters of the United States.

In 1977, FWPCA was amended again and renamed the Clean Water Act (CWA). These amendments established additional wetland protection measures. CWA's main objective is to "restore and maintain the chemical, physical, and biological integrity of the nation's waters." Then in 1987, additional amendments were added to strengthen the requirements for discharges of storm water, to develop new management approaches, and to begin regulation of the discharge of runoff from construction sites.

Another major change in wetland protection came in 1977, when President Jimmy Carter issued Executive Order 11990 on the "Protection of Wetlands." This order rescinded the official policy of federal assistance for wetlands conversion and directed agencies to ensure that their regulations minimized effects on wetlands.

Then, in 1986, Canada and the United States entered into an agreement called the North American Waterfowl Management Plan. The plan was set up to restore waterfowl populations by protecting and improving wetlands and grasslands. Mexico joined the plan in 1994. The plan focused on helping landowners manage their lands in ways that benefited both them and the waterfowl.

In 1987, the National Wetlands Policy Forum, sponsored by the U.S. Environmental Protection Agency, advanced protection of wetlands in the United States and addressed major policy concerns in this area. The major goal of this group was to promote a national policy to ensure "no overall net loss of the nation's remaining wetlands base, as defined by acreage and function, and to restore and create wetlands, where feasible, to increase the quantity and quality of the nation's wetlands resource base."

The federal government and several states have adopted this goal. Former President Bush made this goal his main environmental promise, and FHWA adopted this policy and established performance goals for "no net loss" in federally funded programs for highway projects and construction.

The Clinton administration, on Aug. 24, 1993, announced new policies on wetlands issues (see http://www.epa.gov/OWOW/wetlands/plan/4years.html). These policies focused on long-term gains as well as "no net loss" in the short term. The policies pertain to using advanced science to define and delineate wetlands, improving the regulatory program, encouraging non-regulatory options, and expanding partnerships in wetlands protection.