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Comprehensive Plan Conservation Element • Wetland Regulations o Federal Regulations A number of agencies have regulatory jurisdiction pertaining to wetlands. At the federal level, Section 404 of the Clean Water Act (CWA) requires anyone proposing to drain, fill or otherwise alter a wetland to obtain a permit from the U.S. Army Corps of Engineers (ALOE). While enforcement of federal wetland regulations is the responsibility of the ACOE, the U.S. Environmental Protection Agency (EPA) may request to review Section 404 wetland permits issued by the ACOE. For its review, the EPA has adopted a policy which calls for "no overall net loss of the nation's remaining wetlands base, as defined by acreage and function, and to restore and create wetlands, where feasible, to increase the quantity of the nation's wetlands resource base". At the federal level, the U.S. Fish and Wildlife Service (USFWS), Natural Resource Conservation Service (MRCS), and U.S. Geological Survey (USGS) serve in an advisory capacity. With respect to wetland losses that have been caused by agricultural drainage and related activities, the federal government has taken a tougher stance on wetland conversions to uplands. Known as the "swampbuster" provision, Section 1221 of the Food Security Act of 1985 denies federal farm benefits to farmers who convert wetlands to dry cropland. Also, the Tax Reform Act of 1986 altered previously favorable tax treatment afforded land clearing, drainage and filling of wetlands for farmlands. Moreover, the Act kept intact deductions for gifts of conservation easements. At the local level, Indian River Soil and Water Conservation District (IRSWCD) staff identifies areas ofpotential wetlands losses and assist farmers in developing soil conservation plans. o State Regulations On the state level, the Warren S. Henderson Wetlands Act of 1984 enables the Florida Department of Environmental Protection (FDEP) to regulate impacts on tidal and non -tidal wetlands. Accepted mitigation measures at the state level that limit wetland losses include the protection, enhancement, or creation of a habitat similar to that expected to be affected by a proposed project. Within Indian River County, the FDEP - Melbourne District Office performs inspections, delineates jurisdictional wetland boundaries, and enforces state regulations on parcels of land less than five (5) acres in size. For parcels larger than five (5) acres, wetland delineations, inspections, and enforcement responsibility has been delegated by the FDEP to the St. Johns River Water Management District (SJRWMD). Other state agencies that are involved with the regulation and/or technical review of wetland values and functions include the Florida Fish and Wildlife Conservation Commission (FWC) and the Governor's Technical Subcommittee on Managed Marshes (SOMM). In 2004, The FDEP adopted the Uniform Mitigation Assessment Method (UMAM). The UMAM is used to determine the amount of mitigation needed to offset adverse impacts to wetlands and other surface waters. Community Development Department Indian River County 24