[33 C.F.R. 328.3(b)]. In January 2001, the Supreme Court of the United States ruled that certain isolated wetlands do not fall under the jurisdiction of the CWA (Solid Waste Agency of Northwestern Cook County v. United States Army Corps of Engineers et al.).


State of California Wetland Definition. The CDFW and the California Coastal Commission have adopted the USFWS Cowardin (1979) definition of wetlands. While the federal definition of wetlands requires three wetland identification parameters to be met, the Cowardin definition can be satisfied under some circumstances with the presence of only one parameter. Thus, identification of wetlands by state agencies may include areas that are permanently or periodically inundated or saturated and without wetland vegetation or soils, such as rocky shores, or areas that presume wetland hydrology based on the presence of at least one of the following: (1) a seasonal or perennial dominance by hydrophytes,10 or (2) the presence of hydric11 soils. The California Coastal Act also defines “wetlands” as “lands within the coastal zone which may be covered periodically or permanently with shallow water and include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, and fens” (Public Resources Code Section30121). CDFW does not normally assert jurisdiction over wetlands unless they are subject to Streambed Alteration Agreements (California Fish and Game Code Sections 1600–1616) or they support state-listed endangered species. However, the Fish and Game Commission policy (amended in 2005) regarding wetlands resources is to seek to provide for the protection, preservation, restoration, enhancement and expansion of wetland habitat in California, and to discourage development in or conversion of wetlands. Under this policy, the Commission does not support wetland development proposals unless project mitigation assures there will be ‘no net loss’ of either wetland habitat values or acreage, and prefers mitigation which would expand wetland acreage and enhance wetland habitat values.


“Other Waters of the U.S.” “Other waters of the U.S.” refers to additional features that are regulated under the CWA but are not wetlands (33 CFR 328.4). To be considered jurisdictional, these features must exhibit a defined bed and bank and an ordinary high water mark. The term “ordinary high water mark” refers to a line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other means appropriate to the characteristics of the surrounding areas. Examples of other waters of the U.S. include rivers, creeks, ponds, and lakes.


Wind Turbines: A rotating machine, which converts the kinetic energy in wind into mechanical energy. If the mechanical energy is used directly by machinery, such as a pump or grinding stones, the machine is usually called a windmill. If the mechanical energy is then converted to electricity, the machine is called a wind generator or wind turbine.



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