In a significant move, developers are preparing for changes in both building density and wetland restrictions, following a recent policy shift by the Environmental Protection Agency (EPA). The Obama administration’s EPA, in 2011, issued a rule interpretation that significantly broadened the definition of “Waters of the United States” falling under the EPA’s regulatory jurisdiction. However, prior to 2011, these waters were understood to be merely “navigable”, indicating that the particular body of water could be traversed by boat.
On the nature of this policy, its implications for developers, and more, you can learn in this comprehensive article from JD Supra.
These policy changes by the EPA could potentially reshape how developers approach construction in areas that encompass these waters. Traditionally, developers have had to comply with stringent regulations on building density and restrictions on encroachment into wetlands delineated under EPA rules. This shift seems to allow developers an opportunity to increase development density and also reduce limitations on wetlands usage.
While this move is undoubtedly beneficial for developers seeking to maximize land usage and revenues, it must be noted that such policy changes must uphold the balance between development and environmental conservation. Additionally, developers need to be cautious and thoroughly underpin their activities to adhere to the still-existing regulations lined under the “Waters of the United States”.