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Who Gets WOTUSed? Do the waterbodies near where you want to either develop or expand meet the new definition of waters of the United States (WOTUS), requiring you to get a permit? Here are some things to consider. You Need to Get a Permit if the Water … Is currently in use, was used at […]
Following are key points made in the draft guidance in three critical areas–significant nexus, tributaries, and adjacent wetlands. Significant Nexus To evaluate the presence or absence of a significant nexus, the agencies intend, as a general matter, to consider: • Waters similarly situated with waters of the same resource type, specifically tributaries, adjacent wetlands, or […]