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Delmarva Bays |
Even with numerous federal and state level protection efforts, many nontidal (e.g., headwater tributaries) and isolated (e.g., flooded forests, seasonal ponds) wetlands are threatened because of gaps in existing regulations or are being impacted illegally due to limited enforcement activity. Legally wetlands are permitted to be impacted on a small scale with blanket approvals with no reporting or mitigation requirements. The sum of the small scale impacts can be detrimental to ecosystems as a whole. In addition, some previously converted wetlands do not fall under regulatory control or lack incentive programs for protection. Recent court challenges (SWANCC and Rapanos/Carabell decisions) question the extent of waters covered by the Clean Water Act and have created quandaries in discerning which wetlands and waterways are currently under the U.S. Army Corps of Engineer’s jurisdiction. This ambiguity has resulted in a period of vulnerability for some wetlands due to an uncertainty in enforcement responsibilities.
In Delaware, it has been estimated that approximately 30,000 acres of non-tidal/freshwater wetlands may be considered isolated meaning these wetlands are unregulated and threatened with loss. This is about 20 percent of the non-tidal/freshwater wetland extent throughout the state and is in-line with the estimated 20 percent nationally considered isolated.
Additionally, Delaware has a handful of unique wetland types which offer habitat for many rare species and some of these wetland types are considered isolated. Delmarva Bays, or Coastal Plain Ponds, are one of these unique wetland types. They are isolated wetland pockets which cause Delmarva Bays to be extremely threatened. There are approximately 6,000 acres of these unique wetland types in Delaware. Approximately 1,500 acres or 25 percent of Delmarva Bays/Coastal Plain Ponds fall into the isolated designation and currently have no regulation to protect them.
For the current report on Delaware wetland acreage losses and gains resulting from Delaware's recent wetland mapping effort visit Delaware Wetlands Status and Trends.
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Many nontidal and isolated wetlands are threatened because of gaps in existing regulations or are being impacted illegally due to limited enforcement activity. |
Filling of wetlands for development |
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Delaware Wetlands Regulations Page |
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DNREC Contact Information:
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Potential filling violation |
How do I report a suspected wetlands violation? For example, if someone is filling in wetlands? Or if they're dumping in a stream?
To reach a U.S. Army Corps of Engineers enforcement representative:
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Regulator of the Day
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(215) 656-6728
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- Army Corp of Engineers Dover Field Office
1203 College Park Drive Suite 103
Dover, DE 19904
(302) 736-9763
