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.
References
Adler RW. The decline and (possible) renewal of aspiration in the Clean Water Act. Wash Law Rev. 2013;88:759–812.
Braddock T. Wetlands: an introduction to ecology, the law, and permitting. 2nd ed. Government Institutes: United Kingdom; 2007. 43 pp.
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.
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.
Fowler TB. Wetlands regulation: case law, interpretation, and commentary. Rockville: Government Institutes; 2003. 293 pp.
Gardner RC. Rehabilitating nature: a comparative review of legal mechanisms that encourage wetland restoration efforts. Catholic Univ Law Rev. 2003;52:573–620.
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.
Strand MP, Rothschild L. Wetlands deskbook. Washington, DC: Environmental Law Institute; 2009. 67 pp.
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Nelson, M. (2018). Permit Schemes. In: Finlayson, C.M., et al. The Wetland Book. Springer, Dordrecht. https://doi.org/10.1007/978-90-481-9659-3_165
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DOI: https://doi.org/10.1007/978-90-481-9659-3_165
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