National Real Estate Exam (PSI)Land Use Controls and RegulationsHard
A developer plans to fill in a wetland area on a parcel to build a shopping center. Which federal law and permitting agency primarily govern this activity?
- AThe National Flood Insurance Act, enforced by FEMA
- BThe Clean Air Act, enforced by the EPA
- CThe Endangered Species Act, enforced by the Fish and Wildlife Service
- DThe Clean Water Act, requiring a Section 404 permit from the U.S. Army Corps of Engineers
Show answer & explanationAnswer & explanation
Correct answer: D. The Clean Water Act, requiring a Section 404 permit from the U.S. Army Corps of Engineers
The Clean Water Act regulates the discharge of dredged or fill material into wetlands and other waters of the United States. Developers must obtain a Section 404 permit from the U.S. Army Corps of Engineers before filling wetlands.
Why the other options are wrong
- A. FEMA's flood insurance program addresses flood risk mapping and insurance, not wetlands fill permitting.
- B. The Clean Air Act governs air emissions, not wetland fill activities.
- C. The Endangered Species Act may apply if protected species are present but is not the primary wetlands-fill statute.
Section 404 Permit (Clean Water Act)
A federal permit required from the U.S. Army Corps of Engineers before dredging or filling wetlands or other waters of the United States.
- Governed by the Clean Water Act
- Issued by the U.S. Army Corps of Engineers
- Required before any wetland fill or dredging activity for development
Memory trick: Fill a wetland? Call the Corps for a 404.