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Wetlands Law & Legal Definition

Wetlands are lands on which water covers the soil or is present either at or near the surface of the soil or within the root zone permanently or seasonally. The soil in the area is saturated with moisture. Wetlands are considered to be suitable for plants such as mangroves, water lilies and sedges. They provide fine living condition for amphibians, reptiles and birds.

The federal regulations implementing Section 404 of the Clean Water Act define wetlands as follows :

40 CFR 232.2

“Wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.”





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