I have a Wetland on my Property

Having wetlands on your property means you must comply with environmental regulations to protect these valuable ecosystems.

You'll likely need permits for any activity that could alter the wetland, such as construction or filling. You should also consider the ecological benefits of wetlands and why it's important to protect them on your property.

Regulatory Requirements

Permits

Changes to wetlands in North Carolina, including construction, excavation, or filling, require permits from either the U.S. Army Corps of Engineers or the North Carolina Division of Water Resoures

Section 404 of the Clean Water Act

Section 404 of the Clean Water Act, administered by the EPA (Environmental Protection Agency) and Army Corps of Engineers, requires permits for discharging dredged or fill material into certain wetlands. 

Mitigation

Obtaining permission to modify a wetland may require you to create or restore wetlands elsewhere to compensate for any lost wetland functions. 

Understanding Wetlands

Wetland Determination

The only way to know for sure if you have a wetland on your property is to have a professional determine it. The US Army Corps of Engineers then makes the final determination, and they work with the state of North Carolina. 

Wetland Features

Features of wetlands include: areas of land where water covers the soil or is present either at or near the surface of the soil all year or for varying periods of time during the year. They are identified by the presence of wetland plants, soil types, and subsurface water levels. 

The Importance of Wetlands

Wetlands provide numerous benefits, including wildlife habitat, flood control, water quality improvement, and protection for endangered species. 

Managing Wetlands on Your Property

Avoiding Harm

Avoid activities that could negatively impact the wetland, such as filling it or introducing invasive species

Enhancing Wetland Function

Consider ways to protect and enhance the wetland's ecological value, such as removing invasive plants or incorporating the wetland area into your overall landscaping.

Professional Consultation

If you choose to drain or fill in the wetland, first consult with a professional wetland specialist or agency to determine the extent of the wetland on your property and the regulations that apply. 

General Permits

The Army Corps of Engineers has many general permits that authorize minor activities without the need for individual processing.

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Page last updated:  May 29, 2025