This bill amends the definition of wetlands by excluding certain areas from the definition. Currently, wetlands are defined as areas that are inundated or saturated by surface water or groundwater and support a prevalence of vegetation adapted for saturated soil conditions. The bill adds an exclusion that states an area that meets the definition of a wetland solely because of the failure of a state, federal, or municipal public works project, including failed culverts, shall not be considered a wetland.

The fiscal impact of this bill is indeterminable. The Department of Environmental Services states that it is unknown what percentage of wetlands in the state may exist due to failed public works projects, how many landowners may decide to impact wetland areas on their properties, and how many complaints will be filed against landowners who impact wetlands without a permit. The bill may result in a reduction in applications and associated filing fee revenue, but this reduction may be offset by an increase in complaints and investigation costs. The fiscal impact is expected to occur after FY 2024.

Statutes affected:
Introduced: 482-A:2