Wetlands are areas saturated by surface or ground water sufficient to support distinctive vegetation adapted for life in saturated soil conditions. The New York State Department of Environmental Conservation regulates two main types of wetlands, tidal wetlands along Long Island, New York City and up the Hudson River, and freshwater wetlands found on river and lake flood plains across the state.
But wetlands may also be regulated by the U.S. Army Corps of Engineers under Section 404 of the Clean Water Act. The Clean Water Act authorizes the Army Corps to regulate certain discharges to “navigable waters,” or “waters of the United States.” The act makes it unlawful to discharge dredged or fill material into “navigable waters” without a permit.
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