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Wetlands decision
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cornstalk
Posted 5/25/2023 14:58 (#10243268 - in reply to #10243216)
Subject: RE: NRCS and Army Corp are different “wetland” jurisdictions.



Anderson County Kansas
Every wetland decision and resulting appeal that I have ever been involved in, waters of the us, or a blue line stream was mentioned several times. I had NRCS and the Corps involved on the last one, so I think you are wrong. Basically if it was considered WOTUS no way you could rechannel it, farm it or do anything with it. This will drastically cut back what is under that jurisdiction. Edit to add, the last one I was wanting to narrow up a slough and farm it. NRCS said I couldn't it was WOTUS and it was also a wetland. I appealed my local and district office to the state. The Corps and the state office came out, alone with KDWP. It looked like quite the caravan showing up. Basically they decided anything that wasn't WOTUS I could work on. After I cut the new ditch the old one wouldn't meet the hydrology, or wetland vegetation because water would no longer be running down it. Where two streams came together and below it was considered WOTUS and I couldn't work on it, everything above that point I could. Under the Biden/Obama rule, basically it would be WOTUS clear up to your stool. Thankful for a SCOTUS that reigns in the feds and makes them follow the law.

Edited by cornstalk 5/25/2023 15:16
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