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� � � <br /> � <br /> types from a scientific perspec[ive become only a matter of discussion between scientists. <br /> However, when wetland types are applied from a re.bulatory perspective,.accuracy in definition <br /> - becomes crucial because certain acti�ities ma3r be:permitted in one wetland type and.prohibited <br /> in anather. At present, Wetland Types 1L and �7 are subject to the same wetland .regulatory <br /> requireinents and :exceptions: Howe�j.er, lhat may not be alw.ays .the case and fher.efore it is � <br /> important to note the crucial yet subtle differences between the Ewo t}pes. � <br /> The majority of bottomland floodplain forests in many years 'have water tables several feet <br /> beneath the soil surface, The language "throughoui the growing season" �s quite specific sn <br /> Circular 39.A careful consideration of the species described in the listing prov.ided by Shaw and <br /> F,redine (1956) indi.cates thaf the habitat reqnirements of the species listed include the tygical <br /> presence of a .near surface high water table whereas the description of a Type 1L for.ested <br /> wetland describes the term "bottomland hardwood", a rather va�e non-speci�c te�m but tree <br /> � species generally included in this category are elm, cottonwood, �green ash, and silver maple. <br /> Bottomland hardwoods do noC include the species described as associated. with hardwood <br /> swamps. <br /> i <br /> Type 7 wetlands are persistently�wet under all �buf the driest conditions whereas Type l/1L 3 <br /> wetlands are generally diy except under the wetlest of conditions.The distinction is significant. � <br /> In general, the Board of Water and Soil Resources cr,oss-reference cIassification (Mn Rules . <br /> 8420:0549 :subp: 2,) are .generally accurate bni the designation of�PEMC as:a T'ype 3 wetIand <br /> poses some problems. Where the �Type 3 wetland is comprised of catfails, a de .zninimcss <br /> exemption.of 400 square feet applies but where the wetland is reed canary grass, also a Type 3 <br /> designation should technicaIly apply based on the above discussion. The reed canary grass <br /> wetlands do.not fit well into the "G" modif'ier category nor do they fif znto the "B'?: modifier <br /> either. <br /> As a matter:of standard practiee, .it would seem best to designate reed canary:gcass wetlands as <br /> . Type 2 wetlands regardless if the modifier:is "B" of".C". The differenee is important in.that a de <br /> - mini�iuss exemption of anywhere frcam 2000 square feet to 10,000 square feet might be <br /> ap�licable: �Iso being aecurate wifh regard to wetland typeis important when designation of the <br /> regulatory wetland type is done based on if the deepest part of the basin or the dominant <br /> vegetafion �is the wetland type fhat deterrnines allowable �ill: This requirement often over- <br /> regulates the reed canary �rass fringe and eliminates fhe possibility of applying the 2000to <br /> 10;000 square foot de �lrinimus in many cases where a very smal'1 percentage of the overall basin <br /> is cattail but liecause the-deepest part of the basin criteria is applied, only 40U square feet.of de <br /> zaziriimus�11 may be used. <br /> In general, while this may seem to be.an arcane discussion,in xeality it is crncial in orderfor the • <br /> regulated. community to rightfully claim the wetland exemptions that Che 1aw pernuts. <br /> Conversely, it entitles .the landowner to rightfully claim useable land. for develapment purposes. <br /> A clear understanding and accurate interpretation of the classificatiion s}�stem is necessary in <br /> order for the.exemptions available under the de minimus catebories to be appropriately applied. � <br />