Properties Magazine February 2017 : Page 62

NAIOP NEWS Commercial real estate happenings Stream & Wetland Permitting – A Moving Target O SHANE A. FAROLINO n January 6, 2017, the United States Army Corps of Engineers (“Corps”) announced its revised and renewed Nationwide Permits (“NWPs”) necessary for work in streams, wetlands and other waters of the United States under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899. On January 17, 2017, the Ohio Environmental Protection Agency (“Ohio EPA”) made available for review a copy of its draft Section 401 Water Quality Certification (“401 WQC”) for the NWP program. with minimal water quality impacts (i.e., typically less than 1/2 acre of wetland impact); and Individual Permits, for proj-ects with more than minimal impacts to water quality resources. General permits such as NWPs are typically issued and remain effective for a period of no more than five years. In the case of the NWP program, the Corps issues NWPs every five years, which issuance triggers the need for the Ohio EPA to promulgate a new 401 WQC for the implementation of the NWP program in Ohio. The NWPs that are currently in effect were issued in 2012. The Corps’ revised and renewed NWPs will take effect on March 19, 2017. As such, A review of the draft 401 WQC in question reveals that the NWP pro-gram in Ohio is about to experience a major overhaul that could have signifi-cant ramifications for permit applicants going forward. In most cases, when a party needs to impact streams and/or wetlands in order to develop a site, Clean Water Act permits are often required from the Corps and the Ohio EPA. In such instances, some form of Section 404 Permit (“404 Permit”) is needed from the Corps, and a Section 401 WQC is needed from the Ohio EPA. Generally speaking, there are two dif-ferent types of 404 Permits: NWPs, which are a type of general permit for projects ROETZEL & ANDRESS A LEGAL PROFESSIONAL ASSOCIATION REGIONAL FOCUS, NATIONAL REACH. Experience you can count on. Advice you can trust. At Roetzel, helping clients achieve their objectives is our business. Recognized by Midwest Real Estate News as a “Best of the Best” law firm since 2004, and highlighted by Chambers USA as a “Leading Environmental Law Firm” since 2003, our Real Estate and Environmental attorneys will provide you with a road map to success. WWW.RALAW.COM/REAL_ESTATE WWW.RALAW.COM/ENVIRONMENTAL 62 AKRON • CLEVELAND • COLUMBUS • CINCINNATI • TOLEDO Properties | February 2017

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