Wetlands Regulations: Considerations for Project Developers


This practice note discusses considerations for developers contemplating the purchase or development of real property that contains or is likely to contain regulated wetlands. The presence of regulated wetlands on a site proposed for development can often present complications in terms of time and expense in securing permits as well as restrictions on the type or magnitude of development that regulators will approve. In some circumstances, permits may be denied altogether. Wetlands can be regulated at the federal, state, and municipal levels. This note focuses primarily on the federal regulatory regime, while addressing ways of ascertaining the need for state or local approvals.