Environmental Law - Exam 2 Study || with 100% Correct
Answers.
Riparian correct answers areas next to water; shores, wetlands, uplands; ecological transition
areas
Riparian area benefits correct answers act as buffers and protect water quality by reducing
amount of pollution entering water (chemicals, sediment, etc.); serve as wildlife corridors;
moderate temperature of water by providing shade; store flood water
Riparian area threats correct answers destruction/degradation by land use/development
(residential, agricultural, roads), pollution, edge effects, exotic species, altered flow regimes
Purposes of riparian buffers correct answers - protect water quality
- protect water quantity
- protect hold storage capacity and base flow
- protect wildlife habitat
- protect aesthetics
Econ River correct answers - east side of Orlando; intense development pressure in 1990
- Primary threats:
-> stakeholders: St. John's river water management district, friends of the Econ; homebuilders,
realtors association, property owners, politicians, local/state agencies
Econ river case study correct answers Solution: Econlockhatchee River Protection Zones (protect
habitat of wetland and wetland-dependent species, protect water quality, prohibit mos land
clearing and structures)
Outcome: (2) 550' buffer zones, with the first 500' being for preservation and the 2nd for
conservation. (first 550' alone would've only saved 50% of species)
Edge effects correct answers different environmental conditions that occur along the boundaries
of an ecosystem
What activities are allowed in the riparian habitat protection buffer? correct answers Activities
that will not diminish the functions, services, and benefits the buffer was intended to protect
Transferable Development Rights (TDRs) correct answers Creates mechanism to transfer
development rights from environmentally sensitive areas to non-environmentally sensitive areas
A development right that cannot be used by the landowner, or that the owner chooses not to use,
but can be conveyed to landowners in another location or leased for a period of years to then
revert back to the original owner; TDRs are said to be transferred from a landowner in a sending
district to the use of a landowner in a receiving district.
, Section 404 CWA correct answers - Any discharge of dredged or fill material into navigable
waters... shall be required to have a permit
- General permits
national permits by regulation
minimal impacts
- Individual permits
Wetlands law- 2 broad questions correct answers 1. Does the proposed activity require that the
landowner apply for a permit?
2. If so, what criteria are evaluated during review of permit applications?
What does a navigable water entail? correct answers Adjacent wetlands?
- Yes, U.S.
Isolated wetlands?
- No,
Artificial wetlands?
- Yes, if naturalized and Corps asserts jurisdiction
2 interpretations of navigable waters correct answers - Wetlands with some sort of surface water
connection -> yes
- Wetlands with underground hydrologic connection of wildlife corridor (ecological connection)
- significant nexus
BOTH MAYBE
Discharge of dredged or fill material? correct answers - Dredging -> yes
- Filling -> yes
- Pilings -> yes
- Land clearing
-> by hand = no
-> mechanized? = presumed yes
- Draining? -> not unless dredge or fill
Exemptions to dredge or fill correct answers - Normal existing farming, ranching, and forestry
activities such as plowing and cultivating
- Activities must be part of an established, ongoing operation
- New uses of wetlands not exempt
How to identify a wetland? (or upland) correct answers Wetland delineation
- Hydrology
- Hydric soils -> key factor, soils don't change easily
- Hydrophytic vegetation
If section 404 permit required, then what criteria must be satisfied? correct answers - Corps
review permit
- Corps applies 2 tests
-> Public Interest Review (Corps) Regs = cost-benefit analysis
Answers.
Riparian correct answers areas next to water; shores, wetlands, uplands; ecological transition
areas
Riparian area benefits correct answers act as buffers and protect water quality by reducing
amount of pollution entering water (chemicals, sediment, etc.); serve as wildlife corridors;
moderate temperature of water by providing shade; store flood water
Riparian area threats correct answers destruction/degradation by land use/development
(residential, agricultural, roads), pollution, edge effects, exotic species, altered flow regimes
Purposes of riparian buffers correct answers - protect water quality
- protect water quantity
- protect hold storage capacity and base flow
- protect wildlife habitat
- protect aesthetics
Econ River correct answers - east side of Orlando; intense development pressure in 1990
- Primary threats:
-> stakeholders: St. John's river water management district, friends of the Econ; homebuilders,
realtors association, property owners, politicians, local/state agencies
Econ river case study correct answers Solution: Econlockhatchee River Protection Zones (protect
habitat of wetland and wetland-dependent species, protect water quality, prohibit mos land
clearing and structures)
Outcome: (2) 550' buffer zones, with the first 500' being for preservation and the 2nd for
conservation. (first 550' alone would've only saved 50% of species)
Edge effects correct answers different environmental conditions that occur along the boundaries
of an ecosystem
What activities are allowed in the riparian habitat protection buffer? correct answers Activities
that will not diminish the functions, services, and benefits the buffer was intended to protect
Transferable Development Rights (TDRs) correct answers Creates mechanism to transfer
development rights from environmentally sensitive areas to non-environmentally sensitive areas
A development right that cannot be used by the landowner, or that the owner chooses not to use,
but can be conveyed to landowners in another location or leased for a period of years to then
revert back to the original owner; TDRs are said to be transferred from a landowner in a sending
district to the use of a landowner in a receiving district.
, Section 404 CWA correct answers - Any discharge of dredged or fill material into navigable
waters... shall be required to have a permit
- General permits
national permits by regulation
minimal impacts
- Individual permits
Wetlands law- 2 broad questions correct answers 1. Does the proposed activity require that the
landowner apply for a permit?
2. If so, what criteria are evaluated during review of permit applications?
What does a navigable water entail? correct answers Adjacent wetlands?
- Yes, U.S.
Isolated wetlands?
- No,
Artificial wetlands?
- Yes, if naturalized and Corps asserts jurisdiction
2 interpretations of navigable waters correct answers - Wetlands with some sort of surface water
connection -> yes
- Wetlands with underground hydrologic connection of wildlife corridor (ecological connection)
- significant nexus
BOTH MAYBE
Discharge of dredged or fill material? correct answers - Dredging -> yes
- Filling -> yes
- Pilings -> yes
- Land clearing
-> by hand = no
-> mechanized? = presumed yes
- Draining? -> not unless dredge or fill
Exemptions to dredge or fill correct answers - Normal existing farming, ranching, and forestry
activities such as plowing and cultivating
- Activities must be part of an established, ongoing operation
- New uses of wetlands not exempt
How to identify a wetland? (or upland) correct answers Wetland delineation
- Hydrology
- Hydric soils -> key factor, soils don't change easily
- Hydrophytic vegetation
If section 404 permit required, then what criteria must be satisfied? correct answers - Corps
review permit
- Corps applies 2 tests
-> Public Interest Review (Corps) Regs = cost-benefit analysis
