Benefits and Functions of Wetlands
Forest wetlands are environmentally sensitive areas. Special attention to the proper use of BMPs is essential if water quality is to be protected. Forest road construction has the potential to disrupt normal drainage patterns and produce sediment that may reach streams. Tree tops or other logging debris left in streams can obstruct water flow, increase erosion of stream banks and decrease dissolved oxygen in the water. Normal wetland drainage patterns can be altered by severe rutting or by improperly constructed windrows. Excessive soil compaction caused by careless logging can reduce water infiltration, reduce soil moisture available to tree roots and decrease site quality. NOTE: The section on wetlands herein is taken from Handbook on Forested Wetlands, Forested Wetlands Workshop, August 8, 1996, Alexandria, Louisiana.
Overview
Louisiana’s bottomland hardwood forests, including wetlands, are productive ecosystems with multiple functions and ecological values that can be managed for commercial timber production without compromising this valuable resource. This section deals with the management of these sites in order that they may continue to provide this ecological value. The reader should keep in mind that many sites classified as bottomlands may be wetland-like but are not necessarily “wetlands” in the strictest legal or jurisdictional sense. Jurisdictional wetlands are found throughout the state and are not limited to obscure flooded or remote marsh areas.
Maintaining ecological productivity for wetland and wetland-like sites often calls for the same management techniques. These wetland BMPs address sustained timber production as one of the landowner’s objectives. Timber production is recognized as a land use that is compatible with wetland protection.
Although wetlands are federally regulated, normal forestry operations in wetlands — including but not limited to soil bedding, site preparation, harvesting and minor drainage (see note on next page) — are exempt from permit requirements under Section 404 of the Clean Water Act Amendments of 1977, as long as the activity:
- Qualifies as “normal silviculture.”
- Is part of an “established” silvicultural operation.
- Does not support the purpose of converting a water of the United States to a use to which it was not previously subject.
- Follows the 15 mandatory BMPs for road construction (see Access Systems) and the six mandatory BMPs for site preparation (see Site Preparation in Wetlands).
- Contains no toxic pollutant listed under Section 307 of the Clean Water Act in discharge of dredge or fill materials into waters of the United States.
A forestry activity will require a Section 404 permit if it results in the conversion of a wetland to a non-wetland. Landowners who wish to change land use, who feel an activity may change land use or who are uncertain about the permit exemption status of a forestry activity should contact the U.S. Army Corps of Engineers (USCOE). If the activity is on a farmed wetland or on agricultural land, the Natural Resources Conservation Service (NRCS) is the appropriate initial contact.
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NOTE: Minor drainage refers to the installation of ditches or other water-control facilities for temporary dewatering of an area. Minor drainage is considered a normal silvicultural activity in wetlands to temporarily lower the water level and minimize adverse impacts on a wetland site during road construction, timber harvesting and reforestation activities. Minor drainage does not include construction of a canal, dike or any other structure which continuously drains or significantly modifies a wetland or other aquatic area.
Minor drainage is exempt from needing an individual 404 permit if it is part of an ongoing silvicultural operation and does not result in the immediate or gradual conversion of a wetland to an upland or other uses. Artificial drainage must be managed. Once silvicultural activity has been completed, the hydrology that existed prior to the activity should be restored by closing drainage channels.
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Normal Silvicultural Activities
Normal silvicultural activities conducted as part of “established, ongoing” silvicultural operations are exempt from Section 404 Corps of Engineers permit requirements as long as the appropriate measures are implemented. Normal activities include but are not limited to road construction, timber harvesting, mechanical or chemical site preparation, reforestation, timber stand improvement and minor drainage. These measures include 15 federal mandatory BMPs for road construction and the six BMPs for silvicultural site preparation activities in forested wetlands. Recommended Forestry Best Management Practices for Louisiana are not required for exemption from Section 404 Corps of Engineers permit requirements;,but they are strongly recommended to minimize nonpoint source pollution of waters of the state and/or waters of the United States.
Established Silvicultural Operations
Established or ongoing silvicultural operations are included in a management system (not necessarily written) which is planned over conventional rotation cycles for a property or introduced as part of an established operation. An activity need not itself have been ongoing as long as it is introduced as part of an ongoing operation. Evidence of use of the property may be used to determine whether an operation is ongoing. Examples of such evidence may include, but not be limited to:
- A history of harvesting with either natural or artificial regeneration.
- A history of fire, insect and disease control to protect the maturing timber.
- The presence of stumps, logging roads, landing or other indications of established silvicultural operations that will continue on the site.
- Explicit treatment of the land as commercial timberlands by government agencies under zoning, tax, subsidy and regulatory programs.
- Certification under the National Tree Farm System or Stewardship Program.
- Ownership and management by a timber company or individual whose purpose is timber production.
While past management may have been relatively non-intensive, intensification of management involving artificial regeneration and other practices can occur as part of a conventional rotation and be considered an established operation.
Although wetland regulations do not require a written forest management plan, it is in a landowner’s best interest to document that operations are established, that BMPs are implemented and effective and that activities are consistent with other Section 404 exemption criteria.
A change in ownership has no bearing on whether a forestry operation is part of an established, ongoing activity. Continuation or strict adherence to a management plan written for the previous owner is not required by Section 404 silvicultural exemptions.
Note: Forestry activities or operations require a 404 permit from the Corps of Engineers under the conditions listed in the adjacent panel.
Note: Streamside management zones or SMZs should be established and managed around the perimeter of all major drainages and open bodies of water contained within wetlands; for example, mainstream courses or oxbow lakes.
A 404 Permit is required when:
- The activity results in the immediate or gradual conversion of a wetland to an upland as a consequence of altering the flow and circulation or reducing the reach of waters of the United States.
Changes in flow, circulation or reach of waters can be affected by permanent major drainage such as channelization or by placement of fill materials. A discharge which changes the bottom elevation of waters of the United States without converting it to dry land does not reduce the reach of waters but may alter flow or circulation and therefore may be subject to permitting requirements.
The criteria that are used to determine if a wetland has been converted include a change in hydrology, soils and vegetation to such an extent that the area no longer qualifies as a jurisdictional wetland according to the Federal Manual for Delineating Jurisdictional Wetlands (1987).
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A new activity results in a change from the past historical use of the wetland into a different use to which it was not previously subject where the flow of circulation of waters is impaired or the reach of the waters is reduced. Such a change does not meet the established, ongoing requirement and causes the activity or operation to lose its exemption.
Examples of this situation are areas where tree harvesting has been the established use and the landowner wishes to convert the site for use as pasture, green tree reservoir, agriculture, real estate or aquaculture. In such cases, the landowner must first obtain a 404 permit before proceeding with the change.
- The area has lain idle for so long that hydrologic modifications are necessary to resume operations. This does not refer to temporary water management techniques such as minor drainage, plowing, bedding and seeding, which are exempt, normal silvicultural activities as long as they don't result in the conversion of wetlands to uplands. However, it does apply to reopening ditches which were once established as permanent wetland drainage structures but have lost their effectiveness for this purpose as they filled in with soil and vegetation.
Legal Definition of Wetlands
The U. S. Army Corps of Engineers (Federal Register, 1982) and the Environmental Protection Agency (Federal Register, 1980) jointly define wetlands as:
“Those areas that are inundated or saturated by surface or groundwater at a frequency or duration sufficient to support and, under normal circumstances, do support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.”
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Criteria for Delineating Wetlands |
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Established by the U.S. Army Corps of Engineers (USCOE)
- Hydrophytic vegetation — plants that have the ability to grow, effectively compete, reproduce and/or persist in anaerobic soil conditions.
- Hydric soils — soils that are saturated, flooded or ponded long enough during the growing season for anaerobic conditions to develop.
- Wetland hydrology — inundated by water sufficient to support hydrophitic vegetation and develop hydric soils.
All three must be present under normal circumstances for an area to be identified as a jurisdictional wetland. | |
Planning in Wetlands
Planning for timber harvesting is an often-overlooked step in silvicultural activities. When working in wetlands or wetland-like areas, planning is essential. To facilitate planning, identify and mark the location of waterbodies and other sensitive areas using aerial photographs, topographic maps or soil surveys. See the planning section of this Web site.