Highway improvements and maintenance activities cannot disturb federally regulated wetland ditches without proper permits. But is the wetland in your highway ditch regulated or not?

According to the U. S. Corps of Engineers, drainage ditches in upland areas are not "waters of the United States" and do not require freshwater wetland permits.

The key is to identify whether the soils, vegetation, and hydrology of the area meet the definition of upland or wetland. For example, a ditch excavated from non-hydric soils may accumulate sufficient water to establish wetland vegetation. Regardless of vegetation, this non-hydric ditch would be considered upland, not wetland.

On the other hand, ditches excavated from hydric soils are federally regulated wetlands. Although these hydric soil wetland ditches can occur anywhere, they are frequently located adjacent to, or draining into or out of, existing wetlands.

A soils scientist or biologist can readily classify roadside ditches. If an upland identification is made, protect your municipality or agency from litigation by maintaining a file of supporting information, such as wetland determination data sheets and photograph logs. Proper documentation is vital as the Corps reserves the right to review upland ditch designations on a case-by-case basis.

If your ditch meets the federal wetland criteria, it may qualify for a nationwide permit for highway maintenance work. Otherwise, it will require an individual permit with lengthy advertising and public comment periods.

Before you begin maintenance and reconstruction work, verify and document ditch conditions. A brief wetland verification walkover may actually expedite your project by eliminating the need for permit submittals.

For further information concerning wetland ditches, contact Carl Eller at (585) 334-1310, ext. 223 or celler@fisherassoc.com.