HB1403: Determining existence and class of wetlands.

Legislative Summary

Determining existence and class of wetlands. Amends the definition of Class I wetland to provide that, to be categorized as a Class I wetland, a wetland must be determined by a hydrologist to possess no significant hydrologic function. Defines "hydrologic function" as the capacity of a wetland to store floodwaters by spreading water out over a large, flat area, which decreases runoff velocity, reduces flood peaks, and distributes stormflows over longer time periods. Provides that a wetland that meets the other conditions of the definition of "Class I wetland" but is not determined by a hydrologist to possess no significant hydrologic function is a Class II wetland. Provides that, for purposes of the law on state regulated wetlands, the existence of a wetland and the wetland class of a wetland shall be determined through use of: (1) the National Wetlands Inventory produced by the United States Fish and Wildlife Service and made available by the department of environmental management on the Internet for public use; and (2) the soil data and other information available through the Web Soil Survey website operated by the Natural Resources Conservation Service of the United States Department of Agriculture.