Note: Most states have enacted laws and regulations to protect wetlands. In many cases, these rules are established to define the state's role in the "§404 permit/§401 certification process." This process involves the U.S. Army Corps of Engineers and your state environmental agency. To learn more about the wetlands permitting process go to the CICA Wetlands Regulations/Permit page.
How Are Wetlands Activities Regulated by Kansas? The Kansas Department of Agriculture's Division of Water Resources regulates wetlands under the Water Projects Environmental Coordination Act and the Obstructions in Streams Act.
Wetlands. For water quality purposes, wetlands are regulated as surface water or surface waters of the state. "Surface waters" means wetlands, including water bodies meeting the technical definition for jurisdictional wetlands given in the U.S. Army Corps of Engineers Wetlands Delineation Manual; streams, including rivers, creeks, brooks, sloughs, draws, arroyos, canals, springs, seeps, and cavern streams, and any alluvial aquifers associated with these surface waters; and lakes, including oxbow lakes and other natural lakes and man-made reservoirs, lakes, and ponds.
Wetland Categories. Wetlands can be outstanding national resource waters, exceptional state waters, or special aquatic life use waters under the state's Surface Water Implementation Procedures. No new or expanded discharges are permitted in outstanding national resource waters. For exceptional state waters, any permit issued must provide protection to existing uses and existing water quality. Permits for general purpose water must also protect existing uses.
Regulated Wetland Activities. Persons cannot commence a water development project without first obtaining approval from an environmental review agency. Projects can occur in streams and also be subject to the provisions of the Obstructions in Streams Act. When the proposed project is a dam or water obstruction it is subject to the exclusive jurisdiction of the Chief Engineer of the Division of Water Resources.
Exempt Wetland Activities. Provisions in the Obstructions in Streams Act do not apply to any dam that impounds 30 acre feet of water or less.
Wetland Regulatory Background Information
Water Environment Federation. The WEF Web site provides access to a wetlands related technical discussion area, as well as publications and other information on wetlands.
Wetlands Regulation Center. The Wetlands Regulation Center Web site contains information on laws, policies and regulations concerning activities regulated under Sections 401 and 404 of the Clean Water Act.
Association of State Wetland Managers. The Association of State Wetland Managers Web site provides information on wetlands news and events, including new regulations/legislation, upcoming conferences and events, publications, and more.
Society of Wetland Scientists. The Society of Wetland Scientists Web site provides access to on-line scientific wetlands journals and a wetlands discussion forum, as well as information on upcoming wetlands conferences and events.
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