a) REGULATIONS - Wetlands encroachments are regulated by the United States Army Corps of Engineers (USACE) and United States Environmental Protection Agency (EPA) Under Section 404 of the Clean Water Act (CWA). Furthermore, the USACE also makes jurisdictional determinations under Section 9 and 10 of the Rivers and Harbors Act of 1899. The Pennsylvania Department of Environmental Protection (DEP) regulates wetland encroachments under Chapter 105, Dam Safety and Waterways Management Rules and Regulations, adopted under the Dam Safety and Encroachment Act.
b) WETLAND FUNCTIONS - Wetlands is defined in Section 1302 Wetland - functions include, but are not limited to, the following:
1) BIOLOGICAL - Serving natural biological functions, including food chain products; general habitat; and nesting, spawning, rearing, and resting sites for aquatic or land species.
2) REFUGE - Providing areas for study of the environment or as sanctuaries or refuges.
3) DRAINAGE - Maintaining natural drainage characteristics, sedimentation patterns, salinity distribution, flushing characteristics, natural water filtration processes, current patterns, or other environmental characteristics.
4) PROTECTIVE BARRIER - Shielding other areas from wave action, erosion or storm damage.
5) WATER STORAGE - Serving as a storage area for storm and floodwaters.
6) DISCHARGE - Providing a groundwater discharge area that maintains minimum base flows.
7) RECHARGE - Serving as a prime natural recharge area where surface water and groundwater are directly interconnected.
8) POLLUTION FILTRATION - Preventing or reducing non-point source pollution.
9) RECREATION -Providing recreation.
10) DEP and USACE APPROVAL - Anyone proposing to dredge, fill, riprap, otherwise alter the banks or beds of, or construct, operate, or maintain any dock, pier, wharf, piling, wall, fence, utility crossing, road crossing, building, levee, dike, or other structure in any river, stream, lake, or wetland must apply for joint approval from the DEP and USACE.
11) LAND DEVELOPMENT PLAN - Wetland areas are required to be identified and delineated on any land development plan, whether or not any impact is proposed.