to interstate commerce. Two federal circuit courts have upheld that assertion of authority. As a result of those decisions, filling any area of wetlands in the U.S. today likely requires a permit. ôWetlands now fall within the definition of waters of the United States if they are adjacent to waters that otherwise qualify as waters of the United States.ö
That only left the question of defining wetlands. Generally, ôwetlands are transitional areas, lying between identifiable bodies of water and dry land. The Code of Federal Regulations defines wetlands as ôthose areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to supportàa prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.ö
To determine whether an area is a wetland for regulatory purposes, the Corps uses three criteria: wetland hydrology (requires a periodic inundation of water, at a minimum), hydrologic vegetation (suc
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