Army Corps of Engineers
Wetlands Definition and Regulations
What is "Wetlands?"
Federal law defines wetlands this way:
"Wetlands means those areas that are inundated by surface or ground water with a frequency sufficient to support... a prevalence of vegetative or aquatic life that requires saturated or seasonally saturated soil conditions for growth and reproduction."
"Wetlands generally include swamps, marshes, bogs, and similar areas such as sloughs, potholes, wet meadows, river overflows, mud flats, and natural ponds."
Protection of Wetlands
The local Army Corps of Engineers says federal regulations require them to support alternatives for the proposed Legacy Highway that would least impact wetlands.
An executive order dated May 24, 1977, "requires Federal agencies conducting certain activities to avoid, to the extent possible, the adverse impacts associated with the destruction or loss of wetlands, and to avoid support of new construction in wetlands if a practicable alternative exists."
The Environmental Protection Agency's "Procedures on Floodplain Management and Wetlands Protection" (1979), says in part, "The responsible official shall either avoid adverse impacts or minimize them if no practicable alternative to the action exists." (italics added)
The Corps does not support the plan Governor Leavitt and Davis County city leaders propose, because they say an alternative plan would be less destructive to wetlands.