Isolated Wetland Permitting

• What are isolated wetlands?
• How do I know if there is an isolated wetland on my project site?
• Why does Ohio EPA regulate isolated wetlands?
• What triggers the need for an isolated wetland permit application?

Procedures to Get an Isolated Wetland Permit

There are three levels of isolated permit application review as summarized in the table below. Once you have determined which level of review applies to your proposed project, click on the links in the table to get details about the application and review processes and the associated permit you can expect to get.

* The permit review period begins on the date when Ohio EPA sends you a letter documenting that the application is complete.

What are isolated wetlands?

Isolated wetlands are not connected to other surface waters. For this reason they are not classified as waters of the United States by the U.S. Army Corps of Engineers. Nevertheless, they are waters of the State of Ohio and are therefore regulated by the Ohio EPA, Division of Surface Water, Section 401 Wetlands and Streams Permitting Section.

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How do I know if there is an isolated wetland on my project site?

The U.S. Army Corps of Engineers has responsibility for:

• Determining whether wetlands exist within a particular project site;
• Confirming the number, boundaries and acreage of those wetlands;
• Determining whether those wetlands are “waters of the U.S.” or "isolated."

These written findings are recorded in a final jurisdictional determination (JD) which is sent to the entity requesting the JD and to Ohio EPA. See an example JD, identifying the presence of isolated wetlands [PDF 315K].

When a final JD identifies isolated wetlands, regardless of isolated wetland acreage or category, Ohio EPA will send you a letter notifying you of the potential need for an isolated wetland permit application. See an example notification letter [PDF 24K].

PLEASE NOTE: When the applicant requests, and the U.S. Army Corps of Engineers issues, a preliminary JD, all wetlands on the proposed site are assumed to be waters of the U.S., and will not be declared isolated. See the Corps Regulatory Guidance Letter on Jurisdictional Determinations [PDF 118K]

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Why does Ohio EPA regulate isolated wetlands?

Ohio EPA authority to regulate discharges of fill to isolated wetlands is provided in Ohio Revised Code 6111.02 through 6111.028.

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What triggers the need for an isolated wetland permit application?

When a project proposes to place fill in an isolated wetland, an isolated wetland permit is required. Fill is defined in paragraphs (D) and (E) of Ohio Revised Code 6111.02.

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