Current through Register Vol. 46, No. 39, September 25, 2024
(a)
Public policy. It is the public policy of the State, as set forth in the
Freshwater Wetlands Act, to preserve, protect and conserve freshwater wetlands
and the benefits derived therefrom, to prevent the despoliation and destruction
of wetlands, and to regulate use and development of wetlands to secure the
natural benefits of those wetlands, consistent with the general welfare and
beneficial economic, social and agricultural development of the State. It is
the purpose of this Part to implement that policy by clarifying certain aspects
of wetland mapping and delineation of jurisdiction, and by creating a system
for classifying wetlands in accordance with section 24-0903(1) of the act. Such
a system must take into account the present condition of wetlands as well as
their many benefits described below and in section 24-0105(7) of the
act.
(b) Wetland benefits. The
preservation, protection and conservation of wetlands is of public concern
because of the benefits they provide. These include:
(1) Flood and stormwater control. Wetlands
may slow water runoff and temporarily store water, thus helping to protect
downstream areas from flooding. Public health and private property in one part
of a watershed may be harmed if wetlands are destroyed in a different part of
that watershed.
(2) Wildlife
habitat. Wetlands are of unparalleled value as wildlife habitat, and the
perpetuation of scores of species depends upon them. Many of the species are
migratory and must have nesting, migration, and wintering habitat. The
destruction of one kind of wetland habitat in one place may reduce populations
of wildlife elsewhere. Where specific wetlands support endangered species,
destruction of those wetlands may threaten the presence of the endangered
species for all time.
(3) Water
supply. Wetlands themselves are a source of surface water and may, under
appropriate hydrological conditions, serve to recharge groundwater and aquifers
and to maintain surface water flow.
(4) Water quality. Many wetlands serve as
chemical and biological oxidation basins that help cleanse water that flows
through them. Wetlands can also serve as sedimentation areas and filtering
basins that absorb silt and organic matter, thereby protecting channels and
harbors and enhancing water quality.
(5) Fisheries. Wetlands provide the spawning
and nursery grounds for several species of fish. The availability of these fish
in lakes and streams may be adversely affected by the loss of wetlands adjacent
to those waters.
(6) Food chains.
Food and organic detritus supplied by wetlands support the fish and wildlife of
adjacent waters.
(7) Recreation.
Wetlands provide important hunting, fishing, boating, hiking, birdwatching,
photography, camping, and other recreational opportunities. In addition,
wetlands may be critical to recreation beyond their own borders because of
their ability to protect water quality and protect and produce wildlife and
fish.
(8) Open space and aesthetic
appreciation. Wetlands provide visual variety in many different settings.
Especially in urban areas, wetland open space contributes to social well-being
by providing relief from intense development and a sense of connection with the
natural world.
(9) Education and
scientific research. Because of the high biological productivity and the
variety of plant and animal species they can support, wetlands can be of broad
social benefit in providing outdoor laboratories and living classrooms for
studying and appreciating natural history, ecology and biology. Many of the
lessons learned and principles evolved through study of wetlands are applicable
to other eviron-mental issues.
