Regulated Activities
in Freshwater Wetlands
According to The Freshwater Wetlands Act (pdf, 129 KB), certain activities are specifically exempt from regulation and do not require a permit, whereas other activities specifically require a permit. The following lists describe the regulatory status of some common activities:
Exempt Activities - No Wetlands Permit Required
- normal agricultural practices (except filling and clear cutting)
- recreational activities such as fishing, hunting, hiking, swimming, camping or picnicking
- ordinary, routine maintenance of existing structures or buildings, existing lawns, and similar facilities
- selectively cutting trees and harvesting fuel wood, but not clear cutting trees or wetland vegetation
Regulated Activities with Minor Impacts
- installing utilities to a residence (exempt in an adjacent area)
- drilling a water well in an adjacent area to serve an individual residence
- replacing existing, functional bulkheads
- installing docks, piers, or wharves
Regulated Activities with Major Impacts
- filling (including filling for agricultural purposes) and grading
- erecting buildings, including houses, barns, garages, commercial and industrial facilities
- restoring, modifying, or expanding existing structures
- draining, (except for agriculture), dredging, or otherwise changing water levels in wetlands, including breaching of beaver dams
- constructing or removing bulkheads, dikes, or dams
- constructing roads
- applying pesticides in wetlands
- clear cutting trees or other vegetation
- mining
The Clean Water Act regulates activities in a similar manner, but has slightly different requirements. Landowners are encouraged to contact the U.S. Army Corps of Engineers if they anticipate undertaking activities in or near wet areas.
