Wetlands: Court Decision Clears Way for Fill Projects in Wisconsin

The U.S. Army Corps of Engineers told the Wisconsin Department of Natural Resources yesterday it no longer can legally halt several construction projects that would destroy isolated wetlands in the state.

Under a U.S. Supreme Court ruling handed down in January, the corps cannot regulate wetlands that are not connected to a river, stream or lake. When the corps lost its permitting authority, the state DNR also lost its power to control development on isolated wetlands. The corps told the DNR yesterday that so far, at least seven fill projects will proceed as a result of the decision. But the ruling could affect as many as 1 million acres of wetlands, according to the DNR.

Meanwhile, state lawmakers are considering placing a moratorium on filling wetlands until they can agree on a permanent law, but differences between the Democratic Senate and the Republican Assembly over details of the moratorium are threatening to scuttle the plan (Ron Seely, Wisconsin State Journal, March 22).

A Wisconsin State Journal editorial urges state lawmakers to overcome conflicts over deadlines and pass a temporary moratorium on filling wetlands until they can work out a permanent solution. The paper: "Pick a date and pass a moratorium compromise" (March 22). — AGR