Real Estate and Construction Law Blog

By Keith Garner

The Interim Supplement will be tested for one-year period starting 30 days from the date of the public notices.  As of that date, the Interim Supplement data forms and indicators must be used for any data collection for wetland delineations.  Field data collected for wetland delineations using the 1987 Manual but not yet submitted to the Corps for review and formal approval will be grandfathered if documentation is provided to the Corps that shows the field data was collected 30 days prior to date of the public notices.

During the interim period, anyone performing a wetland delineation using the Interim Supplement who believes it has resulted in a significantly different boundary line than the 1987 Manual may also complete the delineation using the 1987 Manual and submit both delineations.  The Corps will make the final determination based on analysis of information submitted, which will also be used in the evaluation of the Interim Supplement prior to its finalization.

The Corps Districts will be holding orientation sessions near the start of the growing season to help interested parties become more familiar with the Supplement.  Persons interested in attending these sessions should contact the Los Angeles District or San Francisco District by January 22, 2007, for dates and locations.

Copies of the Interim Supplement are available in higher resolution (27.4 MB) and lower resolution (13 MB) versions.

For further information please contact S. Keith Garner.  Keith Garner is an associate in the Real Estate, Land Use and Environmental Practice Group in the firm's San Francisco Office.