Permit Schemes

Reference work entry

Abstract

Despite international recognition through various treaties, wetlands remain one of the most undervalued and least understood of all global natural resources. One reason for this is the inevitable conflict between wetland preservation measures and the landowner’s freedom of choice in developing property. Permit-based regulatory systems that are designed to protect wetlands generally require permission from the government before conducting activities such as filling or otherwise altering the wetland. Permit-based legal mechanisms throughout the world designed to facilitate wetland management and the wise use of wetlands are reviewed. This includes an overview of international law calling for regulation and conservation of wetlands, then focuses on the United States’ permit program and regulatory programs in several other countries. Opportunities for market-based incentives through mitigation banking are considered.

Keywords

United States Freedom of choice Legal mechanisms Market-based incentives Mitigation banking No net loss Dredge and fill Clean Water Act 

References

  1. Adler RW. The decline and (possible) renewal of aspiration in the Clean Water Act. Wash Law Rev. 2013;88:759–812.Google Scholar
  2. Braddock T. Wetlands: an introduction to ecology, the law, and permitting. 2nd ed. Government Institutes: United Kingdom; 2007. 43 pp.Google Scholar
  3. Clare S, Krogman N, Foote L, Lemphers N. Where is the avoidance in the implementation of wetland law and policy? Wetl Ecol Manag. 2011;19:165–82.CrossRefGoogle Scholar
  4. Fiore VP. Federal wetlands regulation in Canada and the United States: suggestions for Canada in Light of Crown Zellerbach and the peace, order, and good government clause of the Canadian constitution. Geo Wash J Int Law Econ. 1993;27:139–72.Google Scholar
  5. Fowler TB. Wetlands regulation: case law, interpretation, and commentary. Rockville: Government Institutes; 2003. 293 pp.Google Scholar
  6. Gardner RC. Rehabilitating nature: a comparative review of legal mechanisms that encourage wetland restoration efforts. Catholic Univ Law Rev. 2003;52:573–620.Google Scholar
  7. Kim RE. Is Ramsar home yet? A critique of South Korean laws in light of the continuing coastal wetlands reclamation. Columbia J Asian Law. 2011;24:437–76.Google Scholar
  8. Strand MP, Rothschild L. Wetlands deskbook. Washington, DC: Environmental Law Institute; 2009. 67 pp.Google Scholar

Copyright information

© Springer Science+Business Media B.V., part of Springer Nature 2018

Authors and Affiliations

  1. 1.Lewis and Clark Law SchoolNorthwest Environmental Defense CenterPortlandUSA

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