Wetlands and Endangered Species

Wetlands permitting requirements can be among the most challenging obstacles facing new development, a seemingly endless process that consumes time and money and radically affects project design.  Violating or ignoring wetlands permit requirements can lead to significant penalties or onerous restoration obligations. We have substantial experience with the federal wetlands program under Section 404 of the Clean Water Act and comparable California programs (Porter Cologne).

Our expertise in wetlands regulation includes all aspects of Section 404 permitting and mitigation requirements, in addition to oversight of the wetland delineation process through the U.S. Army Corps of Engineers. We have assisted many developers through the federal and state wetlands permitting process, including associated consultation under the Endangered Species Act (ESA) and the Historic Preservation Act (Section 106).

We work with clients to develop strategies for projects to get them through the Endangered Species Act process, allowing development to proceed while the species are protected.  We work with  teams of expert consultants to define potential endangered species issues as early as possible, and to avoid the pitfalls associated with the presence of endangered species and potential habitat.