It is important to remember that wetlands are federally regulated. Although wetlands are federally regulated, normal forestry operations in wetlands such as soil bedding, site preparation, harvesting, and minor drainage are exempt from permit requirements under Section 404 of the Clean Water Act Amendments of 1977, as long as the activity:

  • qualifies as “normal silviculture,”
  • is part of an “established” silvicultural operation,
  • is not part of an activity whose purpose is to convert a water of the United States into a use to which it was not previously subject,
  • follows the fifteen Mandatory Road BMPs, and
  • contains no toxic pollutant listed under Section 307 of the Clean Water Act in discharge of dredge or fill materials into waters of the United States.
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