40 CFR 230.3 - Definitions

Cite as40 CFR 230.3
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151 practice notes
  • Stream Protection Rule
    • United States
    • Federal Register July 27, 2015
    • July 27, 2015
    ...consistency with the Clean Water Act, we propose to define this term as having the same meaning as the corresponding definition in 40 CFR 230.3(s), which is part of the Section 404(b)(1) Guidelines under the Clean Water Act Part 773: Requirements for Permits and Permit Processing 1. Section......
  • Stream Protection Rule
    • United States
    • Federal Register December 20, 2016
    • December 20, 2016
    ...pit. Waters of the United States We proposed to define the term ``waters of the United States'' in the same manner it is defined within 40 CFR 230.3(s), which is part of the section 404(b)(1) guidelines under the Clean Water Act.\196\ We received comments both supporting and opposing our pr......
  • Definition of “Waters of the United States” Under the Clean Water Act
    • United States
    • Federal Register April 21, 2014
    • April 21, 2014
    ...foreign commerce, impoundments of waters of the United States, tributaries, the territorial seas, and adjacent wetlands. 33 CFR 328.3; 40 CFR 230.3(s). Counterpart and substantively similar regulatory definitions appear at 40 CFR 110.1, 112.2, 116.3, 117.1, 122.2, 232.2, 300.5, part 300 App......
  • Reissuance of Nationwide Permits
    • United States
    • Federal Register February 21, 2012
    • February 21, 2012
    ...practicable has not been adopted into the final general condition. The term ``practicable'' is defined in the 404(b)(1) Guidelines at 40 CFR 230.3(q) as ``available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project......
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103 cases
  • US v. Mills, PCR No. 88-03100-RV
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Northern District of Florida
    • March 31, 1993
    ...conditions. Wetlands generally include swamps, marshes, bogs and similar areas." 33 C.F.R. § 328.3(b) (Army Corps definition); 40 C.F.R. § 230.3(t) (EPA The Millses argue that Congress unconstitutionally delegated its legislative authority to the Army Corps by allowing the Corps to def......
  • Black Warrior River-Keeper, Inc. v. Drummond Co., 2:16-cv-01443-AKK
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Northern District of Alabama
    • May 7, 2019
    ...311 U.S. 377, 407-08 (1940); see Rapanos, 547 U.S. at 760-761 (Kennedy, J., concurring) (citing The Daniel Ball, 77 U.S. 557 (1870)); 40 C.F.R. § 230.3; 33 C.F.R. § 328.3. In that respect, current or prior recreational use of the slough of “T1” does not establish that the slough is a naviga......
  • Black Warrior River-Keeper, Inc. v. Drummond Co., Case No. 2:16-cv-01443-AKK
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Northern District of Alabama
    • May 7, 2019
    ...U.S. at 760-761, 126 S.Ct. 2208 (Kennedy, J., concurring) (citing The Daniel Ball , 77 U.S. 557, 10 Wall. 557, 19 L.Ed. 999 (1870) ); 40 C.F.R. § 230.3 ; 33 C.F.R. § 328.3. In that respect, 387 F.Supp.3d 1288 current or prior recreational use of the slough of "T1" does not establi......
  • Sovereign Inupiat for a Living Arctic v. Bureau of Land Mgmt., 3:20-cv-00290-SLG
    • United States
    • United States District Courts. 9th Circuit. District of Alaska
    • August 18, 2021
    ...capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes.” 40 C.F.R. § 230.3(1). [314] 33 C.F.R. § 332.1(c)(2) (“Compensatory mitigation for unavoidable impacts may be required to ensure that an activity requiring a ......
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15 firm's commentaries
3 books & journal articles
  • Regulation of Wetlands and Waters of the United States
    • United States
    • Wetlands Law: A Course Source. Second Edition
    • June 13, 2017
    ...both EPA and the Corps have adopted regulations that define “wetlands” as follows: 33 C.F.R. § 328.3 (b) (Corps’ regulations); 40 C.F.R. § 230.3(t) (EPA’s regulations). While that definition is the primary definition of wetlands for purposes of the Clean Water Act, there are a few other def......
  • How to pry with maps: the Fourth Amendment privacy implications of governmental wetland Geographic Information Systems (GIS).
    • United States
    • Rutgers Computer & Technology Law Journal Vol. 29 Nbr. 2, June 2003
    • June 22, 2003
    ...(last visited May 19, 2003) (on file with the Rutgers Computer & Technology Law Journal). See also EPA Regulations, 40 CFR 230.3(t) (2000) (according to the Clean Water Act, wetlands are "those areas that are inundated or saturated by surface or ground water at a frequency and duration ......
  • The Science
    • United States
    • Wetlands Law: A Course Source. Second Edition
    • June 13, 2017
    ...a prevalence of vegetation typically adapted for life in saturated soil conditions. See 33 C.F.R. § 328.3 (b) (Corps’ regulations); 40 C.F.R. § 230.3(t) (EPA’s regulations). Although the Fish and Wildlife Service has developed maps of wetlands as part of its National Wetlands Inventory , th......

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