State Action for Healthy Rivers

The Flood Hazard Area and River Corridor Rule regulates development exempt from municipal regulation within designated Flood Hazard Areas and River Corridors.

Article 5 of H.F. 3911 establishes increased penalties for littering, promoting public awareness campaigns, and supporting local government efforts in waste management and cleanup. It emphasizes community involvement and education to foster responsible waste disposal practices, which collectively contribute to a reduction in littering and environmental pollution.

By 2032, "the commissioner of the Pollution Control Agency, in consultation with the commissioners of health and natural resources, must contract with a third party that is not a producer or a producer responsibility organization to conduct a study to identify the contribution of covered products to litter and water pollution in Minnesota."

The legislation requires packing producers to pay annual dues to fund a designated nonprofit organization to manage a statewide recycling program which will serve residences, public places, small businesses, schools, and government buildings.

The legislation aims to reduce single-use plastics by 25% by 2032, with 10% through elimination and 4% via reuse systems. The law establishes interim targets and ensures recyclability or compostability of all packaging by 2032, resulting in 115 million tons less CO₂-equivalent emissions over the next decade.

The legislation establishes a stewardship program where producers pay into a fund based on packaging material weight. They can offset payments by implementing independent recycling programs. The stewardship organization uses these payments to reimburse municipalities and improve recycling outcomes.

The legislation develops a program to reduce aquatic litter by holding producers of packaging and products accountable for product lifecycle management, enhancing recycling, educating the public on litter impacts, restricting single-use plastics, and funding clean-up efforts in waterways and coastal areas.

The purpose of the 310 law is to keep rivers and streams in as natural or existing condition as possible, to minimize sedimentation and to recognize beneficial uses. Any individual or corporation proposing construction in a perennial stream must apply for a 310 permit through the local conservation district.

The Climate Commitment Act (CCA) caps and reduces greenhouse gas emissions from Washington’s largest emitting sources and industries. A portion of funds can then be used for clean water investments and restoration of natural floodplain ecological function.

The River Corridor & Floodplain Protection section works with landowners, municipalities, regional planning commissions, NGOs, and agencies of state and federal government to reduce flood risk by protecting and restoring natural and beneficial river and floodplain functions.

Clarified that wetlands which had been removed from Waters of the United States (WOTUS) protection were still subject to 401 permitting under DOEE regulations.

Act 121 authorizes statewide river corridor regulation and the municipal adoption of higher state floodplain standards.

Act 250 is Vermont’s land use and development law. Projects that require an Act 250 permit and are located within a flood hazard area or river corridor must meet requirements under Criterion 1D–Flood Hazard Areas, River Corridors.

Not strictly jurisdictional, but expanded protections under the state's 401 program by ensuring that 401 certification could only be issued in circumstances where there is "no practicable alternative that would have a less adverse impact on wetlands and waters of the state." The bill requires that the State conduct a cumulative impacts analysis of the water quality impacts on waters and wetlands of an activity subject to the CWA section 401 certification.

Required establishment of wetland buffers and setbacks, phased out local rules which would conflict with new state regulations. The rulemaking was influenced by the findings and recommendations of a Legislative Task Force (LTF) previously established by the Regulatory Reform Act.

Clarified that Oregon still intended to enforce its waters of the state jurisdiction, notwithstanding changes to WOTUS.

Created a general permit for wetlands and ephemeral streams no longer covered by the federal Navigable Waters Protection Rule (NWPR).

Like the Ohio rule, this rule filled a gap in permitting. NWPR left a category of wetlands in NC under the state's jurisdiction, but without state or federal permitting requirements. This rulemaking established permits for these wetlands.

Provided a definition for "Ordinary High Water Mark," a previously undefined term that set the boundaries for coastal wetlands. Not an "expansion" of jurisdiction per se, but admirable step to ensure jurisdictional determinations have a scientific basis.