Planning for wetlands protection: the use of regulation in support of "no net loss"

Wetlands are a valuable natural resource providing numerous functions that promote the public health, safety and welfare. Unfortunately, over 52% of the nation's wetland habitat has been lost, and continues to be lost at a rate of 290,000 acres per year. Threats to wetland habitat stem from numerous areas, the greatest being agriculture, which is responsible for over 87% of the nation's annual net loss. However, urbanization also contributes heavily to this loss, often indirectly through displacement of agricultural lands which then turn to wetland areas for maintaining their practices. In 1988, the Bush administration presented the national policy for wetlands protection--"no net loss". This policy promotes the ideal of preserving at current levels the nation's wetland resource base through use of permitting, regulation, and mitigation. The success of such a policy is dependant upon its implementation and enforcement at all levels of government: federal, state and local. The primary method of implementation at the federal level is wetlands permitting by way of Section 404 provisions in the Clean Water Act. These permits have proven to be an effective method for protecting wetlands, but do not present a comprehensive approach to wetlands protection. This is indicative of the "piecemeal" approach to wetlands protection currently employed by the federal government. States attempt to alleviate this problem by improving upon federal programs by way of their own permitting programs and comprehensive plans. These programs are in turn refined and implemented at the local level, where wetlands are protected through use of local comprehensive plans and land use restrictions. State and local programs are the methods by which federal policies are implemented. The state of Florida and the City of Jacksonville have made use of comprehensive planning and permitting regulations to protect their wetlands resources. These efforts have resulted in the slowing of the state's annual net wetlands loss. This comprehensive approach to wetlands protection appears to offer the best form of wetlands protection. However, within the state of Florida, the comprehensive program is not without faults. Foremost among these are the numerous exemptions for activities that have adverse impacts on wetland functions. In order for comprehensive programs to truly be effective, they must promote wetlands protection in the face of special interests that often distract from the goals at hand. Such a firm stand established as part of a definitive national policy is necessary for the success of "no net loss".