Repairs of bulkheads, docks and other structures now involve habitat assessment

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In a major policy shift by federal authorities, waterfront maintenance and reconstruction projects are undergoing increased scrutiny — not only for their environmental impacts during and after construction but for effects that ripple through time. The change, imposed by NOAA Fisheries to protect threatened and endangered species, requires compensation for environmental damage calculated over the life of a shoreline structure. So compensation comes into play even where a structure is merely replacing an old one. Previously, in most cases, the agency did not require environmental compensation for repair and replacement […]

Hotly debated national permit for shellfish farms could be passed to Biden administration

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Legal protections for marine shorelines, streams and wetlands could be revised just before President Trump leaves office, as the Army Corps of Engineers updates 52 “nationwide permits” that allow for a variety of water-related projects. Of particular interest in Washington state is a nationwide permit proposed for shellfish farms that would, purportedly, help to resolve an ongoing court battle over the effects of aquaculture on the shoreline environment. In June, U.S. District Judge Robert Lasnik invalidated permits for an estimated 900 shellfish farms, saying the environmental impacts had not been […]

State officials scramble to protect streams and wetlands in wake of federal rule

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Federal protections for millions of small streams and wetlands across the country were eliminated on Monday, following an unsuccessful legal effort to block new regulations that redefine “waters of the United States.” Officials with the Washington Department of Ecology are scrambling to make sure that nobody proceeds to fill wetlands or damage waterways, now protected solely by state law. A major concern is the potential need for many more staffers to write permits and enforce state water-quality laws, according to Curt Hart, spokesman for Ecology. “We’re still in the process […]

Shoreline armoring in Puget Sound gets new scrutiny from the Army Corps of Engineers

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Shoreline bulkheads, which can damage beaches and destroy fish habitat, could come under more extensive review and permitting as the result of a revised shoreline policy announced last week by the U.S. Army Corps of Engineers. The revised policy (PDF 163 kb), which resulted from a federal lawsuit, now requires a Corps of Engineers permit for shoreline construction below the high-tide line. The previous line of jurisdiction was lower on the beach, effectively exempting most shoreline armoring from federal permits. One of the key results of the policy change is […]