enhances overall system stability, reliability and effectiveness in achieving program goals (clean water, clean air, etc.)., Recognizing this view, others have proposed a or model of “dynamic” “negotiated” federalism, in which regulators at all levels work to develop regulatory approaches that are tailored to specific environmental problems and account for complex environmental and socio-political factors operating at multiple scales., An additional advantage is that these approaches are able to adapt to changing conditions. One national-scale empirical study compared Section 404 permitting data in areas that had state wetland regulatory programs (i.e., redundant to Section 404) with areas where state programs were lacking. The study found that although there was no difference in the overall amount of permitted wetland fill between the two categories, there were 25% - 33% more Section 404 permits issued in areas having redundant state programs, suggesting that the presence of the state programs resulted in greater regulatory coverage of impacts by the Section 404 program and smaller impacts per issued permit. While concluding that redundant state programs had a positive effect on Section 404 program effectiveness, the study did not examine the reverse -- how COE administration of Section 404 permits affected the state programs or overall permitting effectiveness, which would be of more interest in the context of evaluating state assumption of the Section 404 program. Providing a somewhat contrasting view of regulatory overlap, the St. County (Minnesota) Public Works Department in 2013 conducted a review of the wetland permitting process for five selected transportation projects in the county. They concluded that project delays associated with the Section 404 permitting process resulted in a cumulative increased cost of at least $500,000, with no changes to the original project plans. The County recommended several options for streamlining the regulatory process, including a federal - state programmatic agreement acknowledging the of WCA, “sufficiency” leading to a federal general permit that would eliminate the need for a separate Section 404 permit for projects under five acres of impact. State assumption is one option along a continuum of regulatory models that seek to address dual federal/state authorities under the U.S. system of federalism. Section 3.11 describes other states’ experiences with assumption and Section 3.9 addresses alternatives to state assumption that may also address program efficiency and effectiveness.
enhances overall system stability, reliability and effectiveness in achieving program goals (clean water, clean air, etc.)., Recognizing this view, others have proposed a “dynamic” or “negotiated” model of federalism, in which regulators at all levels work to develop regulatory approaches that are tailored to specific environmental problems and account for complex environmental and socio-political factors operating at multiple scales., An additional advantage is that these approaches are able to adapt to changing conditions. One national-scale empirical study compared Section 404 permitting data in areas that had state wetland regulatory programs (i.e., redundant to Section 404) with areas where state programs were lacking. The study found that although there was no difference in the overall amount of permitted wetland fill between the two categories, there were 25% - 33% more Section 404 permits issued in areas having redundant state programs, suggesting that the presence of the state programs resulted in greater regulatory coverage of impacts by the Section 404 program and smaller impacts per issued permit. While concluding that redundant state programs had a positive effect on Section 404 program effectiveness, the study did not examine the reverse -- how COE administration of Section 404 permits affected the state programs or overall permitting effectiveness, which would be of more interest in the context of evaluating state assumption of the Section 404 program. Providing a somewhat contrasting view of regulatory overlap, the St. County (Minnesota) Public Works Department in 2013 conducted a review of the wetland permitting process for five selected transportation projects in the county. They concluded that project delays associated with the Section 404 permitting process resulted in a cumulative increased cost of at least $500,000, with no changes to the original project plans. The County recommended several options for streamlining the regulatory process, including a federal - state programmatic agreement acknowledging the “sufficiency” of WCA, leading to a federal general permit that would eliminate the need for a separate Section 404 permit for projects under five acres of impact. State assumption is one option along a continuum of regulatory models that seek to address dual federal/state authorities under the U.S. system of federalism. Section 3.11 describes other states’ experiences with assumption and Section 3.9 addresses alternatives to state assumption that may also address program efficiency and effectiveness.